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Ask Clare Your Own Question
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34897
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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Scenario is a couple have seperated, he having had a long standing

Customer Question

Scenario is a couple have seperated, he having had a long standing affair. He is renting a flat and in a relationship with the other woman. The wife is still in the marital home along with the couples 16 and 19 year old children. The 16 is in full time education, the 19 is studying part time. Approx earnings are £45k for husband and £20k for wife (who stayed at home whilst children were young) but wifes employment contract is with council and currently gets renewed every 6 months. House is worth approx £200k and mortgage free. Husband is currently paying £500 month support and can not afford deposit for own property. Currently only other asset is husbands pension. Husband would like equity from house (in order to purchase another property) but struggling with guilt and would not want family to have to move. Any suggestions that would suit all involved?
Submitted: 4 years ago.
Category: Family Law
Expert:  Clare replied 4 years ago.
Thank you for your question.
My name is XXXXX XXXXX I will do my best to help you but I need some further information first.
How much does a two bedroom property in the same general area cost to buy?
Customer: replied 4 years ago.

Hi Clare,

Approx £150k.

Expert:  Clare replied 4 years ago.
How much is the pension worth?
Customer: replied 4 years ago.

I would have to check but could you take £50k as an estimate and tell me what the impact would be if its more?


Expert:  Clare replied 4 years ago.
Given the fact that she gave up work to look after the children and thus compromised her pension means that she has a good argument for receiving a larger share of the equity - especially if she does not have a pension sharing order.
In that case she could expect to receive 60 to 70% of the equity.
You will not be able to force a sale until your youngest is 18 - but then there may be no other choice
You should suggest that you and your ex discuss the matter using Family mediation (
Your feelings are very commendable - but you too need to be able to move on with your life
Please ask if you need further details
Customer: replied 4 years ago.

Hello Clare,

Please could I confirm, do you mean 60-70% of the property, or 60-70% of the property+pension?

Many thanks

Expert:  Clare replied 4 years ago.

Hi I mean the property - not the pension! Clare