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Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2851
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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My daughters husband of 15 years has walked out of the

Customer Question

my daughters husband of 15 years has walked out of the family home this weekend, she has 11 year old son, what are her legal financial rights, ie mortgage utilily bills ect, the house is in joint names and she is also has a registered disability, both my daughter and husband are employed
Submitted: 1 year ago.
Category: Family Law
Expert:  Harris replied 1 year ago.

Hi, thank you for your question. Just a bit more information required to fully assist you:
-How old are they both?

-Is the child to remain with your daughter?
-What is the value of the property, and what is the outstanding mortgage?
-What other assets and pensions do they both have (both sole and joint), together with values?
-What are their respective incomes?

Customer: replied 1 year ago.
she is 39 he is 45, the child is with my daughter, property worth £210.000 approx. 60k outstanding he earns 35k pa she earns 19k pa the home is in joint names
Expert:  Harris replied 1 year ago.

Thank you. Do they have any other assets, savings, properties in England or anywhere else in the world?

Customer: replied 1 year ago.
my goodness I was under the impression my question would be answered fairly quickly, the above question came to me after work, No they have nothing else
Customer: replied 1 year ago.
sent a question at 2pm yesterday tues , is there an answer please ? now 12.05 wed
Expert:  Harris replied 1 year ago.

Thanks for confirming. I needed to ensure that there were no other assets as this would have changed the information I provide you.

Given that your daughter is the main carer of the child her needs, and the child's needs are the courts priority consideration. She would be entitled to seek an order to remain in the property until the child reaches a certain age (thereby meeting his housing needs), as well as seek child maintenance from the father (this would be between £61 to £136 per week - the more the child stays with the father on average each week, the less liability the father has). Furthermore, if she is unable to meet her reasonable needs and fund the mortgage and outgoings solely she can seek spousal maintenance from the father to cover any shortfall between her income and reasonable needs.

I hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for your question without a positive rating. Thank you

Expert:  Harris replied 1 year ago.

Hi, this question remains open. If you found my information provided helpful please could you rate my response positively using the stars at the top of this page as I will not be credited for my response without a positive rating.