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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33817
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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Im presently separating from my wife. we are both working

Customer Question

hi im presently separating from my wife. we are both working and have 2 children 13 and 16. We have equity of 160K in our house. How does this get split and what would my future contribution be to my ex till my children reach 18
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year ago.
HiThank you for your questionMy name is***** shall do my best to help you but I need some further information firstHow much would a cheaper three bedroom property in the same school area cost to buy?What income do you each have?
Customer: replied 1 year ago.
My income is 28K and my wifes is cash in hand but not declared so she has no proof of income (£400 per week). We do not plan to purchase any property after but she intends to rent as do I. Would I need to contribute to her rent either ongoing or in advance, as well as child maintenance?
Customer: replied 1 year ago.
I have told my wife that she will need to declare her income in future
Expert:  Clare replied 1 year ago.
Hi
You need to be aware that once your wife seeks legal advice she will be told that you cannot force her to rent until the youngest child is 18
However if you are certain that there will be no problem then all you will be liable for ongoing is Child maintenance at 16% of your gross income at most.
In terms of the split the starting point is 50/50 - but your ex may be able to argue that she should have a 60/40 split in her favour on the basis that she has compromised her career by caring for the children in the past.
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 1 year ago.
If my wife receives 50% equity of the house surely she cannot continue to claim any benefits? She may claim unemployed as she thinks I will have to pay her rent in advance till the youngest child reaches 18 is this correct?
Expert:  Clare replied 1 year ago.
No you will not have to pay her rent in advance - but if she decides to remain in the house and nor sell then you will not be able to force a sale.
Clare
Customer: replied 1 year ago.
I have been told that because there is 5 years till my youngest reaches 18, i would have to find 5 years rental money for when we sell the property and she rents a new one. As well as child maintenance as you mentioned? She is looking at expensive properties to rent, knowing that I will be footing the bill for the next 5 years. Would it be best to negotiate a farer split on the equity to cover rental costs? Could my wife still claim benefits even though she will have a large amount of savings from the house?
Expert:  Clare replied 1 year ago.
That is not correct.
You are NOT liable for the rent and you will NOT be forced t pay it either in advance or monthly.
Your ONLY ongoing liability would be for the child maintenance.
There is a duty for you to help house the children until they are 18 but this does NOT mean you paying the rent - it could mean you not be able to force the sale of the house until the youngest is 18.
The rent will be your wife's problem and no she ilil not be eligible for any means tested benefits if she has substantial savings
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33817
Experience: I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
Clare and other Family Law Specialists are ready to help you
Customer: replied 1 year ago.
Thankyou
Customer: replied 1 year ago.
Hi there, my wife has mentioned that she is going to a solicitors Monday about the split off money from the sale off the house...
I have offered her 50% off the equity + £20 k.
The house has sold at £160k equity..
She has also mentioned that she's looking at a 3 bed flat for £1100 a month.
She is going to citizens advice on Monday as well..
She has refused my offer is this fair or would the courts offer more..
Expert:  Clare replied 1 year ago.
Hi
As I said to you the Court will not force a sale of the property until the youngest child is 18
However if you both agree the sale then the offer you have made is not unreasonable
Clare

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