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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34234
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Hi me and my wife have been married for 4 years lived together

Customer Question

Hi me and my wife have been married for 4 years lived together for for 4years root to that we have a7 year old son and she has a 15 year old son to a previous relationship, our house is heavily mortgaged but we have about £40000 equity in the property including the £20000deposit which I put down from the sale of another property if we separate how is determined who our son would live with. If we sell the property would I get the deposit back then split the funds 50/50 as she hasn't contributed to the deposit or Morgage or could I buy her out offering 50% of our profit
Submitted: 4 years ago.
Category: Law
Expert:  Stuart J replied 4 years ago.
Hello, I am Law Denning and I am a practising solicitor in a High Street practice. I have been an expert on this website in UK law since 2008. During that time, as you appreciate, I have answered thousands of questions from satisfied users on a variety of subjects. Because we are all in practice with clients and court and other users, I might not always respond in minutes. Please bear with me in that case

It is my pleasure to try and assist you with this today. Please bear with me while I gather some further information from you in order for me to be able to advise you fully.

Unless I have all the facts that I need, my answer would not be accurate.

Does she work?
Customer: replied 4 years ago.
She is self employed runs her own small business not earring a lot though first tax return this year
Expert:  Stuart J replied 4 years ago.

Who has day to day child care until now?

Where will you live? Where will she live?

Has she agreed to sell?

 

 

Customer: replied 4 years ago.
She was in nursery from being 12 months old and I paid nursery fees so she could go to college and then worked for a while, I would live in our house if I could buy out or if she was in position to buy out then I would move out no she hasn't agreed to anything I think it's going to get messy so I need to know where I stand n what rights she has, I would want my son to live with me also I have looked after him done everything with him it's very rare she does anything with
Expert:  Stuart J replied 4 years ago.


Would
she want the child to live with her on a day-to-day basis.

Would
an outsider looking on say thatyou were the main carer or that she was the main
carer?

Expert:  Clare replied 4 years ago.
Hi
Thank you for your question I will try my best to help you.
How much is the house actually worth and how much would a three bedroom property in the same general area cost.
What income do you each have and who will the 15 year old live with?
Claire
Customer: replied 4 years ago.
The care of the 7 year old has been 50/50 and yes she would want him to live with her also the 15 year old will live with her also we both earn about £12000. A 3 bed house would cost about £120000
Expert:  Clare replied 4 years ago.
Hi
How much is the current house worth?
Claire
Customer: replied 4 years ago.
About £230-240 but Morgage is 195 and the house is in my name only
Expert:  Clare replied 4 years ago.
Hi
What mortgage capacity does your wife have - how much could she borrow?
Claire
Customer: replied 4 years ago.
Not sure not a lot owes a lot on student loan n got no savings
Expert:  Clare replied 4 years ago.
Hi
I am afraid that the fact that the house is your sole name does not make a difference to the outcome so far as the family court is concerened
Your problem is the fact that your ex also has the elder child and accordingly there is a good chance that she will be allowed to remain in the current property with both the children unless you can show that if the property was sold then your ex would be able to rehouse herself and the children with the proceeds of sale and a mortgage.
Given the medium length of the relationship and the fact that there are two children involved it is likely that there will be a 50/50 division of the equity despite the fact that the deposit came from you prior to the mortgage.
So far as the care of your son is concerned if this has been shared between you until now then there is no reason why this should not continue
You should try and discuss these issues and the possible settlements using Family Mediation (www.familymediationhelpline.co.uk)
I hope that this is of assistance to you please ask if you need further information
Claire