How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
13262538
Type Your Law Question Here...
Clare is online now

I am a bit of a cliche I am afraid. About 4 years ago, I met

Resolved Question:

I am a bit of a cliche I am afraid. About 4 years ago, I met a beautiful Malaysian girl 19 years my junior. We married and I have only recently completed paying back £30k in loans for the wedding, her visa and supporting her for a year until her marital visa came through.
After she started work and her visa came through, conjugal relations stopped, she moved into the living room and since then drinks every night with friends often not coming back on the weekends. That said, we were still on good terms and she has paid me £500 marked as Rent since then but really it just covers her mobile phone and food. Now that 5 years is looming and her right to remain will be confirmed she has become aggressive and talks about entitlement to my house. I always promised I wouldn't divorce her before this time came up in case she is deported but at the same time I want to prevent losing any more.
Is there some sort of clean break agreement that I could try get her to sign to cover me and confirm that she is basically a lodger.
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?
What other assets and debts are there and are there any children involved?
Clare
Customer: replied 2 years ago.

There are no children involved. House worth approx £150k with about £90k outstanding. No other assets. I have a child from a previous marriage aged 20 who is living with me. I lost a lot of equity after a previous relationship with a Spanish girl under similiar circumstances.

Expert:  Clare replied 2 years ago.
Hi
What income do you each have?
clare
Customer: replied 2 years ago.

Sorry for the delay Clare. Of all the nights she is out drinking, she came in early ranting and raving. I should have mentioned that I bought the house long before I met her. I am self-employed owning my own start up company so income is variable but is around £50k per year. She earns about £32k basic + bonus but it will rise rapidly as she is entry level marketing executive.

Expert:  Clare replied 2 years ago.
Hi
Is she likely to be willing to agree to make no claim on you?
Clare
Customer: replied 2 years ago.

I'm not sure but I was thinking of some way of flushing her out as far as her intentions because for sure the only reason she is still living here can only be because she has not got her permission to remain. I want to put a proposal forward that puts me at ease. If she refuses to sign it, then I know her intentions.

Customer: replied 2 years ago.

Sorry was there any more information required from me. I replied to you last information request at 0944

Expert:  Clare replied 2 years ago.
Hi
There is nothing that she can sign that will be binding within divorce proceedings other than a Post Nuptial agreement - which will involve her seeing a solicitor etc.
Realistically her claim is relatively slender somewhere between 10% and 15% of the equity in the house - with 10% being more likely.
I would suggest that you offer to discuss the ending of the relationship using family Mediation
www.familymediationhelpline.co.uk
to agree a settlement
Please ask if you need further details
Clare
Clare and other Law Specialists are ready to help you

Related Law Questions