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Clare
Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 34236
Experience:  25 years experience of all aspects of family law
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I am leaving my husband after 14 years due to unreasonable

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I am leaving my husband after 14 years due to his unreasonable behaviour. We have 2 kids aged 6 and 9. Both teachers. I earn 25000 part time; he earns 36000. Our jointly owned home is worth 300000 with a 60000 mortgage left. His mother died recently leaving him with 170000. What am I entitled to please when we separate? We both have pensions but mine is greatly reduced due to part time work for many years now to raise the children. My husband intends to pay off the mortgage next week on our home ... But then believes he can move on as he thinks this contribution will leave him financially free of maintenance and still owning half of our home. This doesn't feel right to me. I would like to have a situation where i own the home, if possible. I am not greedy. Just want what is right and entitled for myself and my two young children. Thank you for your help.
Hi
Thank you for your question.
I will do my best to assist but need some further informatory first.
Have you discussed how the children will share their time between you?
Claire
Customer: replied 4 years ago.
Not yet
Customer: replied 4 years ago.
I imagine they will be based with me, spend every other weekend with their dad, probably spend an evening a week with him too. Hope that helps. He will be living locally too.
Hi
No matter what capital payments your ex makes he will remain liable for child maintenance at the rate of 20% of his net income subject to a deduction if the children spend more than 52 nights a year in his care.
You can calculate what the payments are likely to be using the Calculator here
https://www.gov.uk/calculate-your-child-maintenance
With regard to the pension you are entitled to a Pension Sharing Order to balance the pensions - unless you choose a larger capital share instead
So far as the capital position is concerned the starting point for division of the shared assets is 50/50 - although the fact that you will have to be responsible for the care of the children for years to come could increase your share to 60/40 - and of course if you forgo a claim on his pension this could go even higher
You do NOT have a claim on his inherited funds but the fact that he has these does make it less likely that your ex would be able to force a sale of the existing house before your youngest is 18
I hope this is of assistance - please feel free to ask for further clarification or information if need be
Claire
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