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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 separated with my wife Since Jan this year We have a

Customer Question

Hello
I have separated with my wife Since Jan this year
We have a verbal agreement that i see my 7 old boys every Tuesday and Thursday night after work and every other weekend
Last few times I have been unable to park in my driveway as her new partner is there either in his large van or a car he has just bought which he is selling
I continue to pay mortgage and the bills
Can you advise my rights of me accessing my driveway when I am visiting or dropping off the boys
Thank you
Iain
Submitted: 9 months ago.
Category: Family Law
Expert:  Clare replied 9 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

Why are you still paying everything?

Customer: replied 9 months ago.
I thought it was right thing to do with childrenWe both make payments into joint account I probably pay 2/3 and my ex wife 1/3
Customer: replied 9 months ago.
Of all bills childcare etc
Expert:  Clare replied 9 months ago.

What are your gross earnings?

Customer: replied 9 months ago.
I'm not 100% sure of my wife's I think it's around 23000 mine is 33000
Customer: replied 9 months ago.
Just a bit more information I put £800-£830 into out joint account a month on occasions I have to top it up by the end of the month by £30-£40 My wife puts in £700. After bills this leave approx. £500 in the joint account for the three of them a month for food and anything else. My wife has childcare vouchers of £243 that get paid to a childminder monthly I pay the additional which can range from an additional £250 - £1000 a month depending on the month.
I also pay for martial arts £53 a month and £250 swimming every twelve weeksOur house is worth around £430K we have mortgage left of £100KWe both have own pensions
Expert:  Clare replied 9 months ago.

How much would a cheaper two bedroom property in the same school area cost to buy?

Customer: replied 9 months ago.
I would say around £300K
Customer: replied 9 months ago.
Actually between £230 -£300K
Expert:  Clare replied 9 months ago.

So the house coul dbe sold and there would be enough for your ex to rehouse herself mortgage free?

Customer: replied 9 months ago.
I guess that would be possible. Would I however not be entitled to some of the proceeds as I currently do not have another property
Expert:  Clare replied 9 months ago.

In the long term yes you will - but at this stage it is the housing needs of the children which are the priority so far as the Family Court is concerned, and the other option of her remaining in the current home could leave you tied to the existing mortgage for another 11 years - or until your ex cohabits

Indeed a sale at this stage would still leave you with some cash - and a 60/40 division in her favour as a full and final settlement is possible - or alternatively your retaining a small charge on the new property could work

In the long term your financial liability is for 16% of your gross income as child maintenance (at most)

In the short term I am afraid that that there is nothing you can dd about using the drive,

It is designed to annoy you - so the best thing you can do is ignore it and deprive her of the satisfaction of knowing she has achieved it

Please ask if you need further details

Customer: replied 9 months ago.
Thanks Clare can I ask one more question if I go for a divorce in your experience is the house likely to be sold or will I need to continue pay the mortgage bills and other costs as I am currently doing. I would not be able to afford any property with out any proceeds from the sale.
Customer: replied 9 months ago.
Thanks Clare can I ask one more question if I go for a divorce in your experience is the house likely to be sold or will I need to continue pay the mortgage bills and other costs as I am currently doing. I would not be able to afford any property with out any proceeds from the sale.
Expert:  Clare replied 9 months ago.

Given the figures there is an excellent chance that either the house will be sold or your ex will have to buy you out

Clare and other Family Law Specialists are ready to help you
Customer: replied 9 months ago.
My final question can i ask him rent while he stays there
Expert:  Clare replied 9 months ago.

No I am afraid not - he is a guest of your wife - but you can and should review the payments that you make to her and instead offer her 16% o fyour gross income plus half of the mortgage payments for the time being

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