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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34479
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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How much does he must pay to s ex partner legally? My friend

Resolved Question:

How much does he must pay to his ex partner legally?
My friend had been having unmarried relationship for over 20 years, and they have a child.
He left the house 4 year ago, but the ex partner (she) is still claiming that he must give and pay more to her in many ways.
If they had divorced (If they had married), I heard they must divide their money and properties in half, and also must divide their debt in half legally.
But how about them (unmarried couple)??
1- Must he give her named properties to her though he had been paying their mortgages etc?
2- Must he give their companies (their both named & her named) to her?
3- Must he pay the debt by himself which they made by their business before they separated?
4- And must he pay consolation money for her psychological suffering and security of her life?
* Their child lives with her. He is paying all expenses of their child. (Schools, allowance etc.+ Prescribed expense of bringing up their child)
And, she would claim that he must pay more even if he pays enough (or already paid enough).
5- In that case, how should he do to refuse her claim? (How should he do to let her know it has settled?)
He wants to settle these mess without going to the court.
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first.

How many properties are held in joint names?

What are the properties worth and how much is outstanding on the mortgages

What are the businesses worth?

What income does he have?

Customer: replied 1 year ago.
Hi Clare,
Thank you for your quick return.There is no joint name property.
And I am sorry… He is not sure about the details of the properties at present because he already gave up them as he thinks she (and their child) needs them for living.
But now he wants to know if he must give to her more as she is trying to take more from him. (She claims they are hers but he has to pay their mortgages. etc) And if there is a possibility that he can claim the rights of the properties, he wants to stop her demand more than this in stead of resigning his rights. (Or if she doesn’t stop it he would claim his rights.)He already gave up the businesses, he cannot work with her as their relationship is bad. He has another job.
She doesn’t run their/her businesses. However, she should have the income with the copyright a little.He works at a company.
Expert:  Clare replied 1 year ago.

What income does he have?

Customer: replied 1 year ago.
Salary, and sometimes his own side business fee
Expert:  Clare replied 1 year ago.

How much does he earn

Customer: replied 1 year ago.
Mmm around 50,000/per year
Expert:  Clare replied 1 year ago.

Then his only liability is to pay child maintenance of £500 a month AT MOST - nothing else at all.

She does not need more than one property - so if she wishes to keep the other properties then she should pay the mortgages on them - and should use the maintenance to pay the mortgage on the property that she is living in

That is it - nothing else is required since they were not married to each other

Please ask if you need further details

Customer: replied 1 year ago.
Well then...1- Must he give her named properties to her though he had been paying their mortgages etc?
> Is there possibility that he can claim ownership of the properties if he had almost paid the mortgages? (just in case…)2- Must he give their companies (their both named & her named) to her?
> Can he claim a half ownership of the company holding in joint names?3- Must he pay the debt by himself which they made by their business before they separated?
> Does she not need to pay?4- And must he pay consolation money for her psychological suffering and security of her life?
* Their child lives with her. He is paying all expenses of their child. (Schools, allowance etc.+ Prescribed expense of bringing up their child)
> Only £500?? No need to pay consolation money to her?And, she would claim that he must pay more even if he pays enough (or already paid enough).
5- In that case, how should he do to refuse her claim? (How should he do to let her know it has settled?)
He wants to settle these mess without going to the court.
> She does not allow him to meet their child when he does not accept her demand. What should he do to stop her demand?
Expert:  Clare replied 1 year ago.

1. If the properties are in joint names he can insist that they are sold (apart from the property she live sin) and the proceeds divided between you

Indeed he can make a claim on the properties even if they are in her sole name since she has paid the mortgage

2. The Company in her name belongs to her - the joint one should be wound up and the assets shared between them.

3. Any such debts should be paid from Company assets

4. There is no such thing as "consolation money" payable in UK family law

Customer: replied 1 year ago.
Thank you so much
And could you please give me the answer for 5 ?5- She does not allow him to meet their child when he does not accept her demand. (She wants Company but she doesn’t pay the debt, she wants properties but she doesn’t pay the mortgages etc...)
What should he do to stop her demands? (He wants to settle these mess without going to the court.)
Expert:  Clare replied 1 year ago.

The law says that a child is entitled to a relationship with both parents and the Courts will enforce this if necessary

He should arrange to discuss matters with her using Family mediation

www.familymediationcouncil.org.uk

To resolve the issue .

If that fails he may need to go to court

Clare and other Family Law Specialists are ready to help you