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Ask Clare Your Own Question
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34885
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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If a wife wants to split with her husband, they do not have

Customer Question

If a wife wants to split with her husband, they do not have enough money to get another place and have a 6 year old, they do not want to upset. Should either of them leave the house. What should be the next step if they cannot agree.They do not want to upset the child

My son cannot afford to rent anywere and pay the mortgage and bills

Submitted: 4 years ago.
Category: Family Law
Expert:  Clare replied 4 years ago.
Thank you for your question.
My name is Clare and 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 on the mortgage?
What other assets are there and how much do they each earn?
Customer: replied 4 years ago.

I think they are both on about£15k p.a.the house maybe £135k to £140k My daughter in law is going to get more when she passes her mortgage exams.I do not think there is much saved on both parties.They have split up without either moving out.My son says he may have to move out but doesn't see how he could afford to rent anywhere still paying the mortgage on their joint abode.Does he have to move out?

Expert:  Clare replied 4 years ago.
Who has the larger part of the day to day care of the child?
How would they share the care of the child in the future?
Customer: replied 4 years ago.

They share looking atter her.Daughter in law works 9 to 5 getting home at 5.30. Her mother picks her up from school mon to Wed. unless either of them is at home.

Thursday and friday my son works evening so looks after her all day if not at school these days.often has her afternoons sat.he works mornings sat and Sunday.I bridge the gap on a thursday between school out and son going to work and daughter in law doing the food shooping, getting in about 6 to 7 pm

Expert:  Clare replied 4 years ago.
If your son does move out he will not have to pay rent and the mortgage.
Instead he will pay his rent and Child maintenance (12% of his gross income AT MOST) - it will then be up to his wife to pay the mortgage using the maintenance her income and any benefits that she is entitled to.
Your son and his wife need to discuss between them how the separation will be organised in terms of the child's care and the financial settlement.
This is best done using Family mediation (
In terms of the house the priority for the ocurt is the safe and secure housing of the child until the child is 18 - so it is unlikely that the ocurt would order a sale until then - unless his ex cohabits in the meantime.
I hope that this is of assisatnce - please ask if you need further details