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, Solicitor
Category: Law
Satisfied Customers: 33326
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
Type Your Law Question Here...
Clare is online now

,I've just separated from my wife after 7 years .2 married.the

Customer Question

,I've just separated from my wife after 7 years .2 married.the mortgage is in her name as I had a poor credit record ,I have though paid half towards all the bill including the mortgage since we have been together .we have been in this house 4 years.we have made considerable home improvements .putting at least 25 thousand pounds of equity on the house.recently she told me to leave .we have a 5year old son
Regards john
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year ago.

Thank you question.

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 what income do you each have?
Who has had the day to day care of the child until now?
Customer: replied 1 year ago.

,the house is now worth 100 grand.about 63 grand left on mortgage.Tracy has a couple of small debts maybe 4 grand in her name.I have a debt management programme which now owes about 27 grand.I earn a decent wage and have been paying that has she her debts .we have separate bank accounts.I just transfer her 200 a month plus pay gas ,electric ,sky,broadband ,and grocery shopping ,the 200 is more than half the mortgage.

We have only been separated a week ,the child live with her as I'm at my mum's and work at 3am doing a milkround .I pick him up from school as I have done work .then drop him when she's home.we haven't sorted any arrangements out son as its only a week .but I'm sure there won't be a problem with me seeing him

Cheers john

Customer: replied 1 year ago.
Relist: Other.
Not had answer
Expert:  Clare replied 1 year ago.

My apologies delay
What income do you each actually have?
How much does a cheaper two bedroom property in the same school area cost to buy?
Customer: replied 1 year ago.

both our incomes are about 20,000 per annum,a cheap 2 bedroom house costs around 75,000 or 400 per month to

Regards john

Expert:  Clare replied 1 year ago.

Despite the fact that the property is in her sol ename you retain your Matrimonial Home Rights and can return there at any time
You also have a financial interest in the property and you should Register that using the form here
The starting point of the equity would be 50/50 but the court can move form that and realistically 60/40 in her favour is more likely - but you will not be able to force a sale until your child is 18 or your ex cohabits - and if it is a repayment mortgage your ex will get credit capital that she has repaid by the time of sale.
Your child maintenance liability is 12% of your gross income at most
Please ask if you need further details

What Customers are Saying:

  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther

Meet The Experts:

  • Jo C.

    Jo C.


    Satisfied Customers:

    Over 5 years in practice
< Last | Next >
  • Jo C.'s Avatar

    Jo C.


    Satisfied Customers:

    Over 5 years in practice
  • Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • Buachaill's Avatar



    Satisfied Customers:

    Barrister 17 years experience
  • Max Lowry's Avatar

    Max Lowry


    Satisfied Customers:

    LLB, 10 years post qualification experience
  • UK_Lawyer's Avatar



    Satisfied Customers:

    I am a qualified solicitor and an expert in UK law.
  • Kasare's Avatar



    Satisfied Customers:

    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • Joshua's Avatar



    Satisfied Customers:

    LL.B (Hons), Higher Prof. Dip. Law & Practice

Related Law Questions