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Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34886
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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Have recently separated from my wife.We have a one year old

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Have recently separated from my wife.We have a one year old child.I have left the family home to live with my parents.My wife is insisting she stays in our home with our child.She works and our son is cared for at nursery school and by my parents.I cannot afford to pay all the bills and the mortgage and support myself.Can she still insist to stay in the property or do we have to sell and split whatever equity or debt is left after the sale.
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 what income do you each have?
What other assets and debts are there
Customer: replied 3 years ago.

My net monthly income is £1450. My wife's net income is £1000 a month. Our mortgage payment is £660. We have one loan that we pay £200 a month, this has another year to run.We have another loan of

£15000 from my parents.This was for the deposit on our house which we have only been in 10 months.So far we have only paid £800 off of this, we are paying my parents £200 a month. We bought the house less than a year ago for £156,000. I assume in view of some of the work I've done it's probably worth £160,000 now.We have a forty year mortgage.

We have no other assets other than the car we own which is probably worth £2000.

How much is outstanding on the mortgage?
Customer: replied 3 years ago.

£154,000. There may also be a redemption clause but until I get the mortgage agreement I don't know.

I am afraid that your ex is correct and the priority for the family Court is the safe and secure housing of the child until the child is 18 and on that basis she may well be able to stay in the house until then - or until she cohabits
HOWEVER you do NOT have to continue to pay the mortgage and the bills - you just have to pay child maintenance at 12% of your gross income - at most.
When your child is 18 (or your ex cohabits) then the house will be sold and the equity divided between you - possibly 60/40 in her favour to reflect the fact that her earnings may have been lower because of her care of the child.
I hope that this is of assistance - please ask if you need further details
Clare and other Family Law Specialists are ready to help you