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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: UK Immigration Law
Satisfied Customers: 33902
Experience:  25 years hight street experience
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Family Law Advice

Customer Question

I am in the UK. I am currently married, and have been for nearly four years and we have a little girl of 18 months. We have a house and a joint mortgage with equity in the region of £100,000. We moved in together about 4/5 years ago and at the time i put in around £100,000 towards the deposit, and she put in £30,000 which went towards items inside the house.
There was fault on both our parts. At first she did not want to be with me for the first few months, and i did and now that has almost swapped round the other way, and it is me saying i don't want to give it a go. We are living together but in seperate rooms, things were amicable but have become less so now. Not sure if you need all that information but thought it wouldn't hurt.
My Question is;
If I moved out do i give up ay rights and entitlements to any of the equity. If i move out and she decides not to sell where does that leave me? If we sold would it be a fair split or will the fact there is a little one make a differance. She has stated that she has been informed that she would be entitled to at least 2/3 of the equity due to our little one. Is there any pre-agreement we could draw up to cover all the financal aspects before i moved out and is that legally binding.?

Not sure if i'm allowed to ask another question in this part but also curious to know if she is entitled to my pension, we both work for the same job, me for 14 years and her for 12. The last year and a half she has been part time. I also having a savings plan that started nearly 11 years ago and well before we got together, can that be touched as well? Apologies if that's a lot of questions or two many have a million and one going around in my head.
I would gladly take on the full care of the little one but she is a great mum, so i'm hoping we don't need to argue about that side of things and contact, so hoping the financial side of things can be worked out. I know i have legal rights to see the little one but hoping that can be dealt with amicably.

Many Thanks,

Stuart
Submitted: 5 years ago.
Category: UK Immigration Law
Expert:  Clare replied 5 years ago.
HI
How long have you actually lived together?
Claire
Customer: replied 5 years ago.
Hi Claire

Since we moved into the place so about 5 years maybe a little more. We both had individual properties before that.

Stuart

Expert:  Clare replied 5 years ago.
HI
How much would a two bedroom property in the same general area cost?
Claire
Customer: replied 5 years ago.
I would say anywhere between £130000 to 150000 bit that would be somewhere nice.

Stuart
Expert:  Clare replied 5 years ago.
HI
Ok
What mortgage capacity does your ex have?
Claire
Customer: replied 5 years ago.
I would say around the 120000 mark which might increase as she will be doing more hours.

Stuart
Expert:  Clare replied 5 years ago.
Hi
Just to check - how much is the current property worth and how much is outstanding on the mortgage
Claire
Customer: replied 5 years ago.
The property is worth about 345,000 and the mortgage left is 252000 around that area.

Stuart
Expert:  Clare replied 5 years ago.

Hi

The priority for the court is the safe and secure housing of the child until the child is 18 and on that basis your wife will be expected to receive the bulk of the equity in the former matrimonial home in order to rehouse herself - with you waiting until your child is 18 or your ex cohabits before you receive your share

She has a claim on your pension - but this could be traded for her having a larger share of the equity so that the eventual split is say 60/40 in her favour rather than 50/50

There is no reason why you should not negotiate an agreement - possibly using family mediation which can then be reflected in a Separation Agreement prior to your leaving.

Claire

Customer: replied 5 years ago.
Is the separation agreement legally binding? Is it something we can do ourselves, or does it need a solicitor?
Expert:  Clare replied 5 years ago.

Hi

If you want it to have a chance of being binding then it would be best to have it drawn up by a solicitor. In general terms so long as there was full disclosure (both parties were honest about the assets) and both parties had legal advice then any agreement will stand.

Claire

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