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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33324
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My situation is that my husband left me two years ago and we

Customer Question

Hello, my situation is that my husband left me two years ago and we are now going for a divorce. He left me due ti being gay and we had been married for 20 years then. At the time we split we divided any savings and furniture etc between us. We have equal shared care of our son. We jointly own a property and I have paid the full mortgage and any upkeep of the house since then. I have never claimed any maintainance. The only contribution that he has made in £150.00 per month to childcare.
I have recently been made redundant from my job and now wish to relocate to be closer to my family and for new employment. Originally he always had that I could have the house. But now this has changed. He has offered to buy the property from me, but has made me an offer which I think is unfair. I have had 3 evaluations and they were all £140,000.
His offer has been that he wants me to take £7,500 on the market value to cover work needed on the house and not including the cost of estate agents fees in the sale. He also wishes me to contribute to a trust fund for our son which would be represented by a 40 percent value of the amount of money that is outstanding on our mortgage balance minused off the balance of the evaluation which is £55,000. I feel that this is unfair. I have already been to 2 solicitors for advice and they have said that this is unfair. I realise that I we have too consider our pensions in Form E as well.
My question is what step I should take next. We seem to have a stalmate now and as I have lost my job I have very little income coming in. Should he have paid maintance to me since we split, which is more than the value of the childcare? And now with my employment status should he pay me any maintenance now and how should I go about claiming. Sorry for all the questions but I am very lost at the moment. Thank you
Submitted: 3 months ago.
Category: Law
Expert:  Clare replied 3 months ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

Ho wold is your son and how does he share his time between you?

How much is the house worth and how much is outstanding on the mortgage?

Customer: replied 3 months ago.
Hi Clare he is nearly 9 years old and lives with us both equally for 4/3 days each week. The house is valued at £140,00 and the balance owing with any fees in £85,000
Expert:  Clare replied 3 months ago.

What income does he have?

Customer: replied 3 months ago.
He earns 27,000 pounds a year and pays an employee pension oif I think 150 pounds and childcare voucher scheme of 140 a month
Expert:  Clare replied 3 months ago.

How much is he offering you in total?

Customer: replied 3 months ago.
27,000 pounds, no rights to his pension and no maintenance. The trust fund for our son would also be part used as part of the equity in his and hhis partners mortgage,
Expert:  Clare replied 3 months ago.

What Pension provision do you each have?

Customer: replied 3 months ago.
Hello my pension provision is two pensions . I have one which is valued at a current trasfer value of £32,716.22.I have a second employers pension which ran for 156 years with a contribution of 6 percent of my employer, but I am still waiting for a value of this. My husband has not told me details of his pension. But I know that he has had it for 9 years and is a statutory employers contribution pension scheme where he pays 12 percent of his gross wages too. Sorry that I cannot provide more information to you at this time.
Expert:  Clare replied 3 months ago.

Are you willing to take the matter to court?

Customer: replied 3 months ago.
I would prefer not to, due to having just been made redundant, I am considering going to a family mediator first though and if court is nessercary then yes.
Expert:  Clare replied 3 months ago.

OK

How much can you earn when you find a new job?

Customer: replied 3 months ago.
I am applying for work which averages at about 24,000 pounds a year
Customer: replied 3 months ago.
Hello I have not heard anything back from you for two days. Will I still receive any information from you please. Regards Lynne
Expert:  Clare replied 3 months ago.

My apologies for the delay - your question fell off my list for some reason

I have to say that the offer that has been made does appear to be complicated in the extreme.

You do not have any claim for child maintenance since the child spends his time equally between you.

Your claim for spouse maintenance is slight since once you again in work your incomes will not be that far apart.

In terms of the house the starting point for division of the equity (based on the value given by the Estate Agent ) is 50/50 - but the court has the power to depart from that and I believe that could could achieve at least 60% of the equity - possibly more.

There is then the issue of Pensions to be considered which will have to be taken into account

As a starting point you need to arrange to attend a Mediation Information and Assessment meeting (MIAM) with a local family mediator - if mediation will work then that is great - but if not then you can apply to the court for the court to decide the matter

I hope that this is of assistance - please ask if you need further details

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