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Ask Clare Your Own Question
Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 32989
Experience:  25 years experience of all aspects of family law
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1- I live in my property with my son's and I am working very

Customer Question

1- I live in my property with my son's and I am working very hard to maintain the standard of living they use to with almost no contribution from him, and also I am trying to plan for their high education is not cheap and my eldest now is 13+. ( How can I buy him out and why, if paid nothing towards this flat???
2- He is very able to work hard in order to secure
His future dream home and pension if that is what he wanted....why should he share my pension, as I need what ever I worked really hard for me and the kids.
Please advice!
Submitted: 5 days ago.
Category: UK Family Law
Expert:  Clare replied 5 days 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

Which part of the Uk are you in

How much is the property worth and how much is outstanding on the mortgage?

Customer: replied 4 days ago.
I live in London, the property worth about £450000, the remaining balance is £105000 and My mortgage will end in 2025.
Expert:  Clare replied 4 days ago.

How long were you with your ex - and were you married?

What other assets are there?

Customer: replied 3 days ago.
I was married to him for 11yrs & 6 month, also I have my pension which he wants his share of!!!
Expert:  Clare replied 3 days ago.

How old are the children?

Customer: replied 3 days ago.
I have two sons and they are 13 & 8 year's old.
Expert:  Clare replied 3 days ago.

How much would you need to purchase a cheaper two bedroom property in the same school area?

Customer: replied 3 days ago.
There were a house for sale just opposite to my place for £650000, also I am thinking a head as in a few years time my eldest will be going to higher education so I am hoping to be able to afford the cost of it.
Expert:  Clare replied 2 days ago.

What capital did you and your ex each bring to the relationship?

Customer: replied 2 days ago.
He has paid nil capital, no mortgage, he was living rent free for the full length of our marriage, the only thing he was paying for is half of the outgoing bills.
Expert:  Clare replied 2 days ago.

Where did your capital come from?

Customer: replied 2 day ago.
My parent paid the deposit and I applied for mortgage which I am still paying for on a monthly basis.
Customer: replied 2 day ago.
Also, I bought the property 3 years prior to my marriage.
Expert:  Clare replied 1 day ago.

All of that helps!

You mention pensions - what income do you each have?

Customer: replied 1 day ago.
He is self-employed so he basically paying the minimal for Tax & National insuranse & I don't think he has got any private pentioner and during our mediation session he didn't reveal any details about his saving even his expenses was undocumented, that is why the mediator ended the session due to his uncooperative attitude.
As for me I think I have about £35000 in my pension.
Expert:  Clare replied 18 hours ago.

You have excellent arguments for keeping the majority if not all of the equity.

You have the care of the children, they need to be safely housed and you brought all the capital to the marriage.

That is the justification for possibly offering him a "token" sum.

However you do need full disclosure from him - he clearly has assets he wishes to hide and they may make a difference to what you are entitled to

Frankly given that the Court fee is only £245 (roughly two hours of mediation costs) it is worth completing the Form A and paying the fee and at least taking the matter to Exchange of Forms E

I hope that this is of assistance - please ask if you need further details

Customer: replied 7 hours ago.
Sorry, I don't understand - what is Form A & Forms E ? Can you explain please.
Expert:  Clare replied 7 hours ago.

These are the forms what are part of the process of applying to the Court for a Financial Order

The form A is the applictaion form

and the Form E is the list of assets and income that you complete as part of the process

Customer: replied 6 hours ago.
Also, we agreed verbally that his contribution towards the kids will be ,£200 a month until he sort out his accommodation etc. He carried on paying this amount for 8 month then stopped for 20 month, then I CONTACTED CHILD MAINTENANCE AGENCY, only for him to pay £32.50 smooth according to his inland revenue statement.
My question is, will I be able to claim back from him the amount he owed me before he start paying the current £32.50 of which will be 20x200= £4000
Expert:  Clare replied 3 hours ago.

Have you asked for a reassessment based on the fact that he receives dividends?

Customer: replied 3 hours ago.
Sorry, I am not sure what dividend ?
Expert:  Clare replied 3 hours ago.
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