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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33284
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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MY HUSBAND HAS HAD AN AFFAIR AND NOW MOVED OUT AFTER 26 YEARS

Customer Question

MY HUSBAND HAS HAD AN AFFAIR AND NOW MOVED OUT AFTER 26 YEARS OF MARRIAGE. HE EARNS TWICE THE AMOUNT THAT I DO AND HAS INSISTED THAT WE SPLIT THE BILLS IN HALF IN REGARDS XXXXX XXXXX MARITAL HOME AND i AM NOW STRUGGLING. i STILL HAVE ONE DAUGHTER AT HOME PART TIME (UNI) AND SHE HAS TO BE SUPPORTED AS WELL. HE HAS INTIMATED THAT HE WANTS TO REDUCE WHAT HE IS PAYING BY HALF BUT I WOULD NOT BE ABLE TO AFFORD TO STAY IN THE MARTIAL HOME. I KNOW THE IT WILL NEED TO BE SOLD BUT AT THE MOMENT WE ARE £40,000 NEGATIVE EQUITY AND I AM VERY WORRIED FOR THE FUTURE AS I LOOKED AFTER OUR TWO CHILDREN AND SO ONLY HAVE AN EXTREMELY SMALL PENSION WHEREAS HE HAS A VERY GOOD PENSION. I JUST REALLY NEED TO KNOW WHERE I STAND FINANCIALLY.
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 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.
How much is the house worth and how much is outstanding on the mortgage?
How has the negative Equity arisen?
What income do you each have/
Clare
Customer: replied 2 years ago.

THE HOUSE WAS PURCHASED FOR £317 AND NOW IS ESTIMATED AT £275.


 


WE HAVE NO MORTGAGE AS I PAID THAT OFF WITH MONEY THAT MY MOTHER LEFT ME. JUST AN ENDOWMENT WORTH ABOUT £59,000.


THE NEGATIVE EQUITY IS DUE TO THE HOUSE PRICES HAVEN FALLEN OVER THE LAST FEW YEARS.


 


MY INCOME IS £19,500 AND MY HUSBANDS IS £38,000 PLUS UP TO £10,000 BONUS (LAST YEAR WAS APPROX £8000

Expert:  Clare replied 2 years ago.
Hi
So in fact there is no Negative equity - it is simply that it has made a loss
How much is he paying you each month?
Clare
Customer: replied 2 years ago.
Total household expenses total £1745 including food leaving me with £180 after his contribution of £570
Expert:  Clare replied 2 years ago.
Hi
May I ask why the expenses are so high when there is no mortgage?
Clare
Customer: replied 2 years ago.
Endowment and council tax are nearly £500 plus £600 for all of the services, insurances (house/gas maintenance/car), broadband/telephone and etc the remainder is a mobile phone for my daughter and me, a contribution to a small pension, a small life insurance and petrol//car. The house is a five bedroom house.
Expert:  Clare replied 2 years ago.
Hi
I know they add up so fast!
How much is the Endowment worth and would you be willing to move?
Clare
Customer: replied 2 years ago.
The endowment is worth £59.00 approx and yes would be prepared to move but not would not want to in the short term as I do not want to put my daughter through more stress while she is at uni. She has had enough to deal with not in the least dealing with two terminally ill grandmothers at the same time. This was a couple years ago but was.ma very difficult time
Expert:  Clare replied 2 years ago.
Hi
Sorry is that £59,000?
Clare
Customer: replied 2 years ago.
Sorry yes
Expert:  Clare replied 2 years ago.
Hi
have you considered lodgers?
Clare
Customer: replied 2 years ago.
No it is not something I have considered. We have been through a lot of emotional times with. Deaths in the family and having a stranger in the house would really not be an option I would want to take on at this point in time as I believe it would add more stress not less.
Expert:  Clare replied 2 years ago.
Hi
Ok - what other savings are there - best guess if you do not know the details for certain
Clare
Customer: replied 2 years ago.
I have about £1500 and my husband had £35,000-£40,000
Expert:  Clare replied 2 years ago.
Hi
Unfortunately the news is not entirely good
You have a very limited claim for Spouse maintenance based on his bonus.
On that basis if he stopped making any payments at all then you would struggle to get an Order that he pay you interim spouse maintenance - certainly in the long term it is more likely that you will get a larger share of the capital
So far as the capital split is concerned whilst the starting point is 50/50 i would expect that you will get a larger share both to reflect your small spouse maintenance claim and to account for the fact that you paid the mortgage off with your inheritance.
It could be as much as 70/30 in your favour which would allow you to keep you current property if you so wished but would leave you stretched financially (although you would no longer be paying the endowment)
You would also be entitled to a Pension Sharing Order
With regard to your daughter negotiating the support he should pay for her is I am afraid between her and your ex.
I know that this is not good news - so please ask if you need further details
Clare

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