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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34263
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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My daughters husband has just told her he wants to split

Resolved Question:

Hi, my daughters husband has just told her he wants to split up they have a 3 year old daughter and bought a house last year. we need to know what rights she has to stay in the house. she works 4 days a week for a small salary and couldnt afford the mortgage on her own
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
How much is the house worth and how much is outstanding on the mortgage
What income do they each have?
Clare
Customer: replied 2 years ago.
my son in law earns approx £21500 my daughter £14000. they borrowed approx £174000 last december so have only paid 10 repayments the house is worth approx £210000
Expert:  Clare replied 2 years ago.
How much is the mortgage payment?
Customer: replied 2 years ago.
£800 approx for 2 years then goes up
Expert:  Clare replied 2 years ago.
Where were they living beforehand?
Customer: replied 2 years ago.
They were renting a house
Customer: replied 2 years ago.
Hi Clare, im leaving work now but you can contact me on my email***@******.***. Thanks Cheryl
Expert:  Clare replied 2 years ago.
Hi CherylWould your daughter be willing to take on a lodger to help pay the bills?
Customer: replied 2 years ago.
Hi I can ask her later and let you know her answer tomorrow
Customer: replied 2 years ago.
She doesn't think a Lodger would work as the third bedroom is too small
Expert:  Clare replied 2 years ago.
The family court will see the housing needs of the child as being the priority and as such your daughter will be able to remain in the property IF she can afford to do so.Her ex will have to pay child maintenance at 12% of his gross income at most.This being the case the real issue will be affordability - and moving her child into the smaller bedroom amy be the only way that she can afford to stayI hope that this was of some assistance please ask if you need further details
Customer: replied 2 years ago.
So there's no legal obligation for him to carry on paying the mortgage once he's left the property?
Expert:  Thomas Judge replied 2 years ago.
Is the husband's name on the mortgage?
Customer: replied 2 years ago.
Yes it's in joint names as is everything else
Expert:  Thomas Judge replied 2 years ago.
Well then he remains liable to the mortgage - it is up to him whether he pays - but both your daughter and he will be jointly and severally liable for the mortgage and the terms of the mortgage. So if he does not pay then his credit rating will be less good. So that is an incentive for him to pay. Happy to discuss. Please rate positive.
Customer: replied 2 years ago.
Will that be in addition to the 12%?
Expert:  Clare replied 2 years ago.
There is a vast difference between what is technically true and what will practically happen - I prefer to be realistic about the future as it avoids disappointment when the technical possibilities do not materialiseWhilst the husband will remain liable to the mortgage company his limited income means that the Family Court will not order him to pay spouse maintenance as well (which is what the mortgage contribution would be seen as) - and since his earnings are limited it is highly unlikely that he will be able to sustain the amount in question Whilst he may be persuaded to pay half the mortgage by way of child maintenance for a short period of time this will not be realistic in the long term and that is why your daughter must give urgent thought to how she can sustain the property in the long term if she wishes to remain thereShe will need to discuss the long term plans with him using Family mediationwww.familymediationhelpline.co.uk
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34263
Experience: I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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