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José M.
José M., Attorney
Category: Spain Law
Satisfied Customers: 348
Experience:  Spanish Attorney
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Thank you for assisting me with this question. My partner

Customer Question

Thank you for assisting me with this question.
My partner and I recently separated but we were not married. We have a 6 yr old.
We own a property abroad, the deeds are on both our names. This was bought outright from a sale of his flat in UK plus a gift from his parents.For 10 years we have lived in my property ( on which I have a mortgage on 50% of it, as shared equity), and he has not contributed with any payments towards it. For some of the time he opted to stay at home and look partly after the child, even though I paid for days of childcare too), I worked full time bar 9 months of maternity leave.At present our son lives with me, and stays with him 2 weekends a month. He has also been visiting 1 evening a week. He pays for maintenance 15% if his salary ( about 200£ a month). I earn around 450000£/ month.
I pay all school costs, ( more than £200/ month)and everything else to do with our son.My expartner is now announcing he is moving further away which will mean less contact with our son, he is also refusing to increase or contribute towards any further child care.My question is over the proceeds for the sale of the apartment abroad, as he objects to me having 50% of those. In view of his limited contribution to our child’s upkeep in the past and in the foreseeable future, I plan to claim 50% of it. Has he got any chance of stopping me from that?
He has parental responsibility. He does not have any other property at present and he’s planning on renting.Thank you,
Submitted: 4 months ago.
Category: Spain Law
Expert:  clairep80 replied 4 months 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

How much does your ex earn gross per annum and which country is the other property in?

Customer: replied 4 months ago.
He earns about £20000 per annum and the property is in Spain
Customer: replied 4 months ago.
Hello again, will you be getting back to me today? It has been nearly 2 days since posting my question.
Expert:  clairep80 replied 4 months ago.

My apologies for the delay

I am also sorry that the news is not good.

So far as the property in Spain is concerned this will NOT be dealt with under UK law.

It will up to your ex to try and use the Spanish courts to obtain a larger share of the equity - he is unlikely to succeed

So far as the child maintenance is concerned he is liable to pay 12% of his gross salary - and nothing more

I shall now opt out and transfer it to the Spanish law section so that you can check your position

Expert:  José M. replied 4 months ago.

Hi José M spanish solicitor The question came to me today. May I help you?