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What are we each entitled to in our divorce settlement?

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Negative equity / Claim on new partners earnings

  • spatula
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23 Apr 12 #325963 by spatula
Topic started by spatula
Hello.

My wife and I have just separated after 7 years. We have a 4 year old daughter. I have been having an affair, to which I admitted and then left the family home.

I moved into my mum''s, but haven''t changed our existing financial arrangements at all, i still pay half of the mortagage and all bills. I have my daughter with me for half of the week.

Our house is in negative equity, somewhere in the region of £15k.

My wife would like to leave the house and rent somewhere closer to her work. I have offered to take on the responibility for paying the mortgage, though we are unable to take her name off the mortgage due to the negative equity.

I have told her that the only way I could properly afford the house on my own is that if my new partner eventually moved in. My wife says that she will not let this happen and that if I did try to move my new partner in, she - my wife - would have some claim on my partner''s earnings.

Is this right? I would be paying the mortgage on my own, I would be taking over my wife''s share, can she claim such? I have even said that as soon as the house matches market value I will either sell it, or remortgage to take her name off the deed.

Any thoughts? Many thanks.

  • Fiona
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23 Apr 12 #325994 by Fiona
Reply from Fiona
Your wife is mistaken. A new partner''s income is only relevant in that they should be contributing towards your joint living expenses, thus reducing your costs and leaving you with more disposable income. That may affect the divorce settlement. For example, if spouse maintenance is a factor in your case more disposable income increases your ability to pay.

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