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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34236
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 for three years. We don't have any

Resolved Question:

Hello there
I have been married for three years. We don't have any children or property together, but I have a child from a previous relationship. My marriage is getting untenable because my wife will only allow me to see my son one weekend in three whereas I want to see him more often. I have around £70k in the bank but £60k of that is in my Business account as I am a self employed contractor. I also paid my wife's mortgage for two years, equating to around £12k. Is my wife entitled to any of the money in my savings or business acount and, if so, can I offset it with the monies paid towards her mortage. The mortgage in question is a property she co-owns in Chester where we lived for two years. Presently we live in London. Thanks for your time
Andy
Submitted: 11 months ago.
Category: Family Law
Customer: replied 11 months ago.
To clarify, I don't have a property or mortgage or any other assets
Cheers
Expert:  Clare replied 11 months 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 long have you lived together in total, how much is the property worth and how much is outstanding on the mortgage?

What income do you each have?

Customer: replied 11 months ago.
Good morning ClareWe have lived together for around 4.5 years in total - for 2 years we lived in the flat that my wife co-owns with a work colleague and I paid around £550 per month to the mortgage for 25 months. The property she co-owns is worth around £130k and I think there is c£85k outstanding (I am not interested in any ownership I might be entitled to, just whether I can off-set the mortgage I paid against potential claims made by her). For the remainder of our time together, we have rented accomodation. The flat she co-owns is sublet now to other tenants.I am self employed and my income is variable. Technically, I only pay myself around £12k per year salary but for the last two years, my actual income is in the region of about £70k per year. My wife earns less than this, probably around £25k.Hope that helps and thanks for your helpTaAndy
Expert:  Clare replied 11 months ago.

The good news is that yes you can indeed offset your claim on her property against her claim on your savings

Given the medium to short length of the relationship neither of you has substantial claims on the other - although the considerable difference in your incomes means that a small lumo sum in lieu of spouse maintenance may be a real possibility.

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

Customer: replied 11 months ago.
Many thanks for that Clare - much appreciated.Just one final question if that is ok? if the money I earn largely remains in my company account, as it does presently (it is a Ltd company), does the amount sat in the company account actually count as savings??TaAndy
Expert:  Clare replied 11 months ago.

Whether it is income or savings is not relevant to the issue - it is money that is there!

Customer: replied 11 months ago.
Fair enough - I have a better picture of where I stand now so thank you very much for your help.Kind regardsAndy
Expert:  Clare replied 11 months ago.

You are most welcome - I hope all goes well

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