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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33946
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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Form E questions: In part 3 of the form it asks about

Resolved Question:

Form E questions:
In part 3 of the form it asks about current and future income needs. How far into the future can I state the needs? I intend to stay with my parents for a couple of years in order to save a reasonable deposit for a permanent home for myself and my children. So can I put £500 pcm as saving for deposit for house under future income needs? Obviously my overheads/bills will increase when I am in my own home but I don't expect to be able to afford that for another two years.
Submitted: 10 months ago.
Category: Family Law
Customer: replied 10 months ago.
It's been a day and half since I posted this question. Waiting time keeps saying within 8 minutes! :(
Expert:  Nicola-mod replied 10 months ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 10 months ago.
I'll wait - but I don't appreciate being told 8mins wait for a day and a half. A realistic estimated response time would be appreciated. Thank you.
Expert:  Nicola-mod replied 10 months ago.
Hello,
We will continue to look for a Professional to assist you. I do apologise, it's an automated system that I am not able to change.
Thank you for your patience,
Nicola
Expert:  Clare replied 10 months ago.

My name is ***** ***** I apologise for the delay in responding to your query

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

May I ask what is to happen to the current Matrimonial Home?

Customer: replied 10 months ago.
I separated 5 years ago. My STBX stayed in the FMH and I moved out. 6 months later he moved out. I have all the beneficial interest in the FMH and have rented it out until finances are settled. I do not want to move back in because it is approx. 80 miles from where I have relocated. The area I live in now is more expensive and I want to use the income from the FMH to reduce my mortgage requirements when I move. Both me and my STBX are currently living with our respective parents and I have the 3 kids living with me.
Expert:  Clare replied 10 months ago.

Thank you for that

The questions you refer to are looking at the immediate future at the end of the Court Case.

Given that you are retaining the Former Matrimonial home it is not appropriate to include any "savings for a deposit"

I hope that this is of assistance - please ask if you need further details

Customer: replied 10 months ago.
But as it is the FMH is not a viable housing option. I can not afford to finance it as a residential. I need to rent it out to raise enough funds to have a greater deposit for a house. It seems daft that I should be forced into rental when I have £200k equity and am only £30k short for a house for me and the children. If I keep it and rent it for two years I would then have the deposit I need. If I'm forced into rental I may never be a homeowner as rent will be at least £500 more pcm than a mortgage.
Expert:  Clare replied 10 months ago.

The fact is that it could be sold and the money used as a deposit on an alternative property

If you chose not to take that route then that is fine - but your ex will not be expected to pay for that decision I am afraid

Customer: replied 10 months ago.
Sorry, maybe I wasn't clear. If the house is sold, I will be £30k short for a deposit for a property which meets my minimum requirements. So I will not be able to meet my housing needs. I am proposing that the house is signed over to me instead. (I am fairly confident that I will get house in the financial settlement due to husbands financial conduct) I'm not sure what difference it would make to my ex. He would be taken off the mortgage as it will be financed with a BTL mortgage.
Customer: replied 10 months ago.
34;The questions you refer to are looking at the immediate future at the end of the Court Case."
How can I answer this then, The FMH provides at least £5k income for me pa. How can I state my predicted income for the next 12 months if I don't know what will happen to the house?
Expert:  Clare replied 10 months ago.

The Form E is meant to show your "best hopes" based on the argument that you are putting forward within the case

So you can base it on the fact that the house is rented out - provided you are clear that that is where the money will come from.

Given that this part of the form is "wishful thinking " to a certain extent you can include the Deposit saving BUT I fear that this would be an easy area for attach by your ex.

Instead leave that out and explain your plans on the day.

Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33946
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 3 other Family Law Specialists are ready to help you
Customer: replied 10 months ago.
Ok thanks.

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