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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34105
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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I have been married five years. My wife's (To be

Resolved Question:

I have been married for just five years. My wife's (To be ex. wife) salary is £20K and does not have the mortgage raising capacity to buy a house equivalent to the one she has lived in and enjoyed with me over the past five years.
Can she claim maintenance to buy a similar house?
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year ago.
HiThank you for your questionMy name is ***** ***** do my best to help you but I need some further information first.How long have you lived together in total?Are there any children involved?How much is the matrimonial home worth and how much is outstanding on the mortgage?What other assets do you each have?How much do you earn?
Customer: replied 1 year ago.
We have lived together for 4yrs 8months, no children are involved, our home is worth £400,000 with £180,000 outstanding on the mortgage. The house is in joint names. I have a hairdressing business valued at £59,000 other than that I have very little, my wife has very little in the way of assets. I earn £45,000 gross / yr. My wife earns £20,000 gross / yr.Trust this helps
Expert:  Clare replied 1 year ago.
How much does a one bedroom property in the area cost to buy?
Customer: replied 1 year ago.
£200,000
Expert:  Clare replied 1 year ago.
Where was your ex living prior to moving in with you?
Customer: replied 1 year ago.
With her parents at Burpham, Guildford, Surrey
Expert:  Clare replied 1 year ago.
Just for clarity - you did not live together prior to your marriage?
Customer: replied 1 year ago.
This question sounds critical, so I have to say yes for 1 yr., which I imagine spoils things for me!
Expert:  Clare replied 1 year ago.
Not at all - so you have been together for 6 years in total - is that OK
Customer: replied 1 year ago.
Yes
Expert:  Clare replied 1 year ago.
SO it is a short to medium length relationship and there are no children.Just to check - does your ex have any illness at all?How old are you both?
Customer: replied 1 year ago.
Yes, my wife has the start of rheumatoid arthritis over the past two yrs.
She is 34 ; I am 43
Expert:  Clare replied 1 year ago.
Is that likely to impact of her earning power?
Customer: replied 1 year ago.
She will most probably claim that it will
Customer: replied 1 year ago.
Take it that she will claim it will affect her earning power - yes!
Expert:  Clare replied 1 year ago.
What does she do for a living?
Customer: replied 1 year ago.
Shop assistant, but she has a degree in fashion design, specialising in shoe and handbag design, and does not use her qualification, it as a real earner because she is basically lazy and looks for the easier laid back route through life in general.
Expert:  Clare replied 1 year ago.
Did the solicitor you spoke to say on what basis he or she thought your ex was entitled to a similar house - because I see nothingthat would suggest that
Customer: replied 1 year ago.
My solicitor asked via her solicitor to provide examples of houses she would chose. She has obviously selected six (2 bed) semis or terraced new houses in the region of £380,000. These have remained on file without comment to date. I am getting no definite answers from my solicitor, he seems to be keeping his options open and that concerns me. It also concerns me very, very much that I have paid £22,000 in fees to my solicitor to date with a further £19,000 forecast to complete!!!!!!
Customer: replied 1 year ago.
The divorce is going through the court route and we have had the first hearing. FDR is booked with the court (Barrister) for 13 June 16. E forms are completed, nothing more but a whole load of correspondence and 7 invoices since May 15
Expert:  Clare replied 1 year ago.
Why does she need two bedrooms ?
Customer: replied 1 year ago.
She has two bedrooms now, so she thinks two should be maintained for visitors, like her parents who live in Italy and currently enjoy visiting and staying in the second bedroom at our current jointly owned house at my expense. I pay for £1200 / month and she only pays £800 / month into our joint bank account for household running costs !!!
Customer: replied 1 year ago.
Dear Clare,Finally - Given all the information you asked for, do you have any advice regarding me being liable for paying my ex wife to be maintenance? Hope to hear from you.
Expert:  Clare replied 1 year ago.
My apologies for the delay.Frankly the only potential problem is her medical condition - and even then the relatively short length of your relationship and modest extent of your assets makes your ex's claims limited.She has no entitlement to a house that is equivalent to the one that you currently live in - that would only be a factor if there were children involved.The difference in your incomes is not sufficient to make spousal maintenance a major issue - there is a small chance of an award limited in time and amount - but if she receives half of all the capital assets (including the value of your business) then she can get a small mortgage and purchase a one bedroom property - and since your business will have been included in the figures then that would be seen as sufficient for a full and final settlementI hope that this is of assistance - please ask if you need further detailsClare
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