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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11149
Experience:  30 years as a practising solicitor.
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I have recently separated from my husband and we have a 6 year

Resolved Question:

I have recently separated from my husband and we have a 6 year old boy. My husband has moved out and I'm now responsible for all the flat bills and half the mortgage cost which is substantial. I'm the main care giver for my son - looking after him 5 days a week. My husband pays my sons private school fees and half the mortgage but am I entitled to more 'maintenance costs' given I'm the main carer and I'm self employed which fits around my sons schooling. Its the mortgage payment I'm struggling with and I just want to know what's reasonable. Also, if my husband decides to sell the flat, is there any guidance around how much notice he should give? I won't be able to afford the mortgage on my own. He has mentioned a separation agreement but we nothings been done about this.
I'm speaking to him later today so any advice would be welcome.
Thank you.
XXXXX XXXXX
Submitted: 3 years ago.
Category: Scots Law
Expert:  JGM replied 3 years ago.
Thank you for your question.

You are entitled to maintenance for your son over and above payment of the school fees. Child maintenance depends on a variety of factors by generally if you take around 15% of your husband's net take home pay that will give you an indication of what he should be paying you.

In addition depending on your respective incomes and expenditure you may be entitled to maintenance, called interim aliment, for yourself. You would both have to disclose your financial positions and of course the fact that he is paying half the mortgage would be taken into account.

A separation agreement would be the right way forward and you would both have to instruct your own solicitors. At this stage, though, it is crucial for you to do so if you cannot negotiate a financial settlement as regards XXXXX XXXXX child support yourself.

Happy to discuss further.

I hope this helps. Please leave a positive response so that I am credited for my time.
JGM and other Scots Law Specialists are ready to help you
Customer: replied 3 years ago.

Thanks for your advice. I appreciate the separation agreement is the next step.


My husband has told me he wants to sell the property now. As I live in it and am not in a financial situation to afford to take the property or or probably get another mortgage for another property, is there a guideline for how long he should effectively give me notice.


Thank you.


 

Expert:  JGM replied 3 years ago.
No there is no guideline but he has to act reasonably. Were he to ask the court to make an order for the sale, the court would have regard to your circumstances, the fact that you have a young son to care for, what your financial circumstances are and the extent to which your husband is supporting you so as to enable you to find alternative accommodation.

You are talking months rather than weeks though.
Customer: replied 3 years ago.

That is helpful. Thank you.