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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 35211
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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I wonder if you can help. A few weeks ago I separated from

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Hi, I wonder if you can help.A few weeks ago I separated from my wife. I wouldn’t go as far as to say it was amicable (I left the house), but she is allowing me to see my 4 year old son on a daily basis.In addition we have come to a mutual arrangement regarding finances, in that I am continuing to pay my share of the household bills, which we have agreed covers data to day costs for our son.I am in the process of moving into local rented accommodation and whilst I am happy to pay for the household bills at both, this is going to be something of a stretch for me, and I certainly don’t want to be doing so for ever.We have approximately £150,000 worth of equity in the house (on which I am still paying half of the mortgage). Currently my wife is stating that she would like to stay in that house. I’m happy for her to do so as it provides a stable and consistent environment for my son to grow up in.Is it true to say that at some point my wife would have to buy me out or sell the house? If so, after what timescale?(As there are no reasons other than having grown apart, my plan is to go for divorce after the 2 year separation period.).Your advice would be very welcome.Nick

My name is Clare

I shall do my best to help you but I need some further information first

What other assets are there and what income do you each have?

Customer: replied 2 days ago.
Hi Clare, we have broadly equal income. My salary is £41,700 plus I currently have an annual car allowance of £3,300. My wife earns around £45,000 per annum. I’m unsure of the exact figure to be honest. The only other assets would be our cars; my wife’s is fully paid off and worth approximately £5,000 I have outstanding debt on mine of around £8,000 due to finish in 3 years time. We both have pensions but I’m unsure of the amounts.
Thanks
Nick

Thank you for that.

You are of course under a duty to pay child maintenance on line with the workings contained in the Child Maintenance Service calculator.

Since you and your ex earn much the same there is no requirement for you to pay any Spouse maintenance.

That being the case there is no reason for you to continue to pay half the bills - nor indeed half the mortgage if your ex wishes to remain in the property.

You do indeed retain your interest in the property when it is sold - which is usually when the child is 18 or your ex cohabits.

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
Customer: replied 1 day ago.
Hi Clare that's very helpful, many thanks. Nick.