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Ask Clare Your Own Question
Clare, Solicitor
Category: Property Law
Satisfied Customers: 35086
Experience:  I have been a solicitor in High Street Practise since 1985 with a wide general experience.
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My wife and I are planning to seperate and it was proposed

Customer Question

My wife and I are planning to seperate and it was proposed I move into one of the rental properties we jointly own. I'm currently refurbishing this property and my wife has subsequently stated I will legally have to pay her 50% of the potential letting income value in addition to 15% of my gross employment income for maintenance of one child, or possibly 15% of all gross income from property rental + employment income. Is this correct?

Submitted: 4 years ago.
Category: Property Law
Expert:  Clare replied 4 years ago.
Thank you for your question
My name is Clare
I shall do my best to help you but I need some further information first
What income do you actually both have?
Customer: replied 4 years ago.

Wife's employment = ~£15,600pa net

I'm currently unemployed whilst refurbishing a property to let, which both I and the wife own.


Income from 2 other let properties =£19,500pa gross, less mortages, services charges etc = £7700 net profit


We have 3 children between the ages of 17 to 25. The youngest & eldest both live at home with the youngest at full time educations

Expert:  Clare replied 4 years ago.
Who will pay the mortgage on the property that you are living in?
Customer: replied 4 years ago.

The property I will be living in (which was to be let) has no mortgage as do the other 2 let properties and neither does the family home. I was staying at this property over the past 2 weeks to hurry completion for letting when the wife declared she wanted a separation and I was not to return to the family home.

Expert:  Clare replied 4 years ago.
In that case no you do not have to pay her any notional rent for the property you live in - any more than she needs to pay you any notional rent for the matrimonial home she is living in
You will have to pay 12% of your Gross income from any actual income that you have (including your 50% of the rental income) by way of child maintenance whilst your youngest is in full time secondary education - less if that child spends more than one night a week with you
I hope that this is of assistance - please ask if you need further details
Customer: replied 4 years ago.

Hi Clare
Thanks for the information, but just a couple of more questions;

Would 50% of my rental income due to my wife be gross figure or net after deduction of mortages/costs etc. If it is the gross figure then it would appear a better option to sell the properties and split the proceeds, I assume equally?

Also does my wife have any legal right to insist I move out of the family home?

Should I need any further advice after this session am I able to contact you again or will it be another solicitor


Expert:  Clare replied 4 years ago.
It will a percentage of the profit since that is the actual income that you both have from the properties.
In the long term clearly the capital issues will have ti be dealt with.
You have a right to return to the matrimonial home whenever you wish - but since you have somewhere else to live it could be sensible to remain there