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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34276
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My daughter is in an abusive relationship. She alleges that

Customer Question

My daughter is in an abusive relationship. She alleges that her husband has put his hands round her neck and raised his fist to her. I have seen the hole he has punched in the wardrobe door. They have a nine month old baby and she is 3 months pregnant with her next child. She works part time as a teacher and together they have a mortgage of over £100,000. He has refused to go on a marriage course or seek marriage guidance. My daughter has been attending sessions with a counsellor from Relate. In a rage he called me an 'interfering parasite'. What courses of action are open to her?
Submitted: 3 years ago.
Category: Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
does she wish to end the relationship?
Clare
Customer: replied 3 years ago.

At the moment she does but she doesn't want to sha re her baby with him.She is also worried about how she will manage financially when she has to give up work to have the other baby.

Expert:  Clare replied 3 years ago.
Hi
How much is the house worth and how much is outstanding on the mortgage?
Clare
Customer: replied 3 years ago.

I think the house is worth £120,000 and they put down a ten percent deposit on it and they will have been in it for 3 years in June. I guess that there must be about £105,000 outstanding.

Expert:  Clare replied 3 years ago.
Hi
How much do they each earn?
Clare
Customer: replied 3 years ago.

I think they both earn about £18,000 pa, but my daughter's income will drop significantly when she goes on maternity leave. My son in law is also likely to be made redundant in April.

Expert:  Clare replied 3 years ago.
Hi
In terms of what happens when they separate the priority is the safe and secure housing of the children until they are 18 so she will be able to remain in the property until then
Her ex will have to pay child maintenance - initially for one child (12% of his gross income) but eventually for two (16%)
I am afraid that the children are entitled to contact with both parents and her ex will have contact with the children - assuming that it can be arranged safely
She can find out more on this website
http://theparentconnection.org.uk/
Please ask if you need further details
Clare
Customer: replied 3 years ago.

What if her husband refuses to leave the house?

Expert:  Clare replied 3 years ago.
Hi
The next time that he is violent she should call the police - and then apply to the court for an order excluding him
Clare
Customer: replied 3 years ago.

He denied the violence towards her when I challenged him this evening. Won't it just be a case of her word against his? If he did move out, would he still be responsible for half the mortgage?

Expert:  Clare replied 3 years ago.
Hi
That is why she needs to call the police when it happens.
No I am afraid he will have to pay child maintenance only - not half the mortgage as well
She will however be entitled to other benefits
http://www.entitledto.co.uk/
Clare
Customer: replied 3 years ago.

Thankyou. I'll get her to look into the benefits.

Expert:  Clare replied 3 years ago.
Hi
Good idea
Clare
Clare and 2 other Law Specialists are ready to help you
Customer: replied 3 years ago.

Hello, I just got an email In which you asked me if 'd finished and had rated you. From the above you'll see that I have rated you as good - Thank you again for your help. As to my daughter's situation, she has since lost the baby and is now back at home living with us as family support advised to take Hannah to a place of safety. Her husband does have access a couple of times a week and part of day at weekends. As we had thought, her husband is staying in the house and it's in the hands of solicitors as my daughter wants to get back in. She has been awarded a tax credit sum which should mean she can pay the mortgage on her own or apply to re-mortgage the house.

Expert:  Clare replied 3 years ago.
Hi
Thank you for that - and I am sorry for your daughter's news.
If it has not been done she should start the divorce proceedings as soon as possible so that she can use the financial side to secure the house if need be
Clare