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Harris, Law Specialist
Category: Law
Satisfied Customers: 2851
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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Ive been seperated from my wife now 18 months when

Customer Question

Ive been seperated from my wife now for over 18 months when she moved out of the maital home. I have always been an still am the sole payer of the mortgage. I do pay her maintenece for our cildren. I am led to belive that because i still pay the mortgage without any contribution from my ex. Whatever amount i have paid since she moved out 50% comes of her entitlement when the house sells. Is this tru?
Submitted: 1 year ago.
Category: Law
Expert:  Harris replied 1 year ago.
Hi, thanks for your question. Just a bit more information required to provide you a full answer:-Are you in England or Wales?-How long have you been married?-How old are the children and what are the arrangements for them?-What other assets and liabilities do you both have?-What are your respective incomes?
Customer: replied 1 year ago.
In England. Been married 9 years total but separated for 18 months of that. Children are 8 and 2. I see the children quite often but they live with her I pay support monthly 400 pounds. I earn approx 28 thousand a year and have a army pension of 8 thousand a year. She dosnt work and never has since we've been together. No other assets as such but I have a holiday caravan on finance but was purchased after split. I do have a loan of 15 thousand which was taken out when we were together for a holiday home we got that I'm still paying for and also the mortgage. 564 a month. Loan 367 a month.
Expert:  Harris replied 1 year ago.
Thanks for the further information.The court looks at the criteria below when deciding how to divide assets and make financial orders, with a starting point of a 50-50 split of all matrimonial assets and ensuring that the children's needs are firstly met, and then the main carer's needs and lastly your needs. The criteria considered is:1. The income, earning capacity, property and other financial resources which each of the parties to the marriage has or is likely to have in the foreseeable future, including in the case of earning capacity any increase in that capacity which it would in the opinion of the court be reasonable to expect a party to the marriage to take steps to acquire;2. The financial needs, obligations and responsibilities which each of the parties to the marriage has or is likely to have in the foreseeable future;3. The standard of living enjoyed by the family before the breakdown of the marriage;4. The age of each party to the marriage and the duration of the marriage;5. Any physical or mental disability of either of the parties to the marriage;6. The contributions which each of the parties has made or is likely in the foreseeable future to make to the welfare of the family, including any contribution by looking after the home or caring for the family;7. The conduct of each of the parties, if that conduct is such that it would in the opinion of the court be inequitable to disregard it;8. In the case of proceedings for divorce or nullity of marriage, the value to each of the parties to the marriage of any benefit which, by reason of the dissolution or annulment of the marriage, that party will lose the chance of acquiring. As the marriage is fairly long, and your wife is the main carer of both children, the court is likely to agree that her needs are greater than yours and she may have a good argument to shift the split of assets in her favour. In relation to the mortgage contributions, again as the marriage is fairly long the court is unlikely to be persuaded that her lack of financial contributions to the mortgage should be taken into account as she will have good arguments for her non-financial contributions in being the main carer for the children. You should also be aware that she will also be able to claim against your army pension. In relation to the £400 child maintenance you pay, this seems about right based on a gross income of £36,000 per year and the children staying with you overnight on average 1-2 nights a week. For your information, the legal liability on these circumstances is actually £411 per month. If the overnight stays are less than one night a week on average, the legal liability increases to £481 per month. If you have any further questions regarding this please let me know. In the meantime if you found this information helpful please provide a positive rating. I will not be credited for answering 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 as I will not be credited for my response without a positive rating.