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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33297
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My married daughter, British citizen, has lived in New

Customer Question

My married daughter, British citizen, has lived in New Zealand with her British husband since 2009 and had a child in August 2013. They are home owners in Auckland and both professional people, although my daughter is a full time mother now. They had marital difficulties last year and as a result her husband bought mother and child one way tickets back to the UK to spend time with her family... she presumed to give them both the time to 'heal' and they arrived in the UK on 31/12/14. They initially stayed with one of my sons who had room to accommodate them but three weeks ago his wife wanted them to leave after my son-in-law asked if mother and child could stay for 6 months but not prepared to fund rented accommodation for them. I have since funded their accommodation in a holiday park until the end of May, which is costly and cannot continue. Her husband has sent her £400/month for the child only, told her by email that he doesn't want them back and feels it is up to her family to support her. She is seeking work and has attended interviews but has been left with unemployed and homeless status. Her in-laws are trying to help us to address this but clearly her husband is guilty of abandonment. Please advise as we are desperately worried what to do. She needs to be near to me for childcare support if returning to work and I live with my husband (her step-father) in a very small property with no room to accommodate both of them. We are taking her to a solicitor next week but wonder whether her husband has actually broken the law.

Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year 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.
I assume that she wishes to remain in the UK.
How much is the NZ property worth (less the mortgage) and what income does her husband have (in sterling please)
Clare
Customer: replied 1 year ago.

Hi Clare,

Yes, my daughter intends to remain in the UK and hopes to return to work on a part-time basis.

There is approx £175,000 equity in the NZ property.

Her husband's income is approx £70,000 gross.

I hope this is of help in answering my question.

Many thanks, ***** *****

Expert:  Clare replied 1 year ago.
Hi
Thank you for that
How much will a two bedroom property in the same general area cost to buy?
Clare
Customer: replied 1 year ago.

Minimum of £138,000. This is the asking price of a tiny 2 bed property close to me and is probably the lowest price in the village.

Expert:  Clare replied 1 year ago.
Hi
For clarity - her father in law is willing to provide the funds for a property for her to hold in her sole name provided she makes no further claim on her husband for herself - is that correct?
Clare
Customer: replied 1 year ago.

yes.

Expert:  Clare replied 1 year ago.
Hi
If that means that he is willing to give her £140,000 or so in respect of her claim to half of the equity in New Zealand then this is not a bad deal and provided the property is in her name and is mortgage free then there is no reason to refuse it.
However she needs to make clear that she will still expect to receive Child Maintenance
I am afraid that in fact her husband has not actually broken any laws.
Please ask if you need further details
Clare

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