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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33326
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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,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?
Clare
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 separate.as 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?
Clare
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
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/352448/HR1.pdf
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
Clare

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