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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34278
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My wife is seeking a divorce. She is registered disabled physical

Resolved Question:

My wife is seeking a divorce. She is registered disabled physical pain called crps and so is my 18 year old daughter who has a genetic disorder and mental health problems.
They both receive maximum disability and mobility benefits.
The ground will be adultery on my part the husband. This was brought about by two years of my wife planning suicide and a lack of affection to myself.
We co own the house which I have been thrown out of.
I earn £43000 per year.
What will I have to pay and how will the house get sorted out?
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 in the mortgage?
What other assets are there?
Clare
Customer: replied 2 years ago.

House worth about £150,000.

Must be about £50,000 left on mortgage.

I have an £18,000 car just bought with a £15,000 loan under my name.

Wife and daughter get about £1500 per month in benefits.

Expert:  Clare replied 2 years ago.
Hi
How much does a cheaper two bedroom property in the same general area cost to buy?
clare
Customer: replied 2 years ago.

about £120,000

Expert:  Clare replied 2 years ago.
Hi
Do you have a private pension at all?
Clare
Customer: replied 2 years ago.

Just started one about 8 months ago.

Current value is £1861.72

proposed value as of 2034 could be £84,600

Pension each year would be £2,340

Expert:  Clare replied 2 years ago.
HI
How old are you both?
Clare
Customer: replied 2 years ago.

My wife is 47 born 28/04/68.

I am 46 born 12/07/68.

Expert:  Clare replied 2 years ago.
Hi
How dependent is your daughter?
Clare
Customer: replied 2 years ago.

She is able to walk short distances but has to use an electric wheelchair which she operates. Her mental state is really the problem at the moment as she suffers from anxiety, OCD and gets stressed.

She has money supplied for carers which we have for about 4 hours or so a day.

She cannot live by her self as she has no understanding of money and is most unlikely to ever learn or be able to cook. Other than that she may appear quite a normal teen ager to anyone.

Expert:  Clare replied 2 years ago.
Hi
Are there any shared ownership schemes operating in the area that would mean your ex could purchase a property
https://www.gov.uk/affordable-home-ownership-schemes/shared-ownership-schemes
Clare
Customer: replied 2 years ago.

Post code is le18. A search has resulted in nothing.

Customer: replied 2 years ago.

Does it have to be in same area or will anywhere in the city do?

Customer: replied 2 years ago.

There are several available throughout the city/shire.

Customer: replied 2 years ago.

Would they not have to be wheel chair accessible?

Expert:  Clare replied 2 years ago.
Hi
Given the length of your marriage and the ages of you both the starting point for division of the equity would be 50/50 with your ex maybe getting 60% to reflect the fact that she has had the care of the child.
However the fact that your daughter will remain dependent and your wife has a disability means that the court will be concerned about her housing needs - possibly concerned enough to give the property to her - and even for you to remain on the mortgage.
However if you can show that with 70% or 80% of the equity she could suitably rehouse herself then you shoudl be able to negotiate a settlement on that basis and not pay any spouse maintenance
This can only be the roughest of guidelines, but I hope it is of assistance
please ask if you need further details
Clare
Customer: replied 2 years ago.

My wife seems to want everything she can get. Would it be advisable to fight this with the best lawyer I can afford?

Expert:  Clare replied 2 years ago.
Hi
Not necessarily.
The starting point is to get the research in - make sure that you can show that she can get a reasonable house with say 75% of the equity.
Then find a solicitor you can work with who listens!
Clare
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