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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34474
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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I recently seperated from my wife, I own the house that

Customer Question

I recently seperated from my wife,

I own the house that she now lives in and pay the morgage on it and have rented another property

We have to children one of 13 and one of 16, does my wife have any entuitlement to remain in this property until the children are of 18years of age?

I have also filed for divorce on grounds of unreasonable behaviour, how long is it usually before you are divorced. I am 47 this year and would like to buy another house and settle down again. So ideally want my share out of the house as mortgage is soley in my name.
Submitted: 4 years ago.
Category: Family Law
Expert:  Clare replied 4 years ago.
Hi
Thanks for using JustAnswer. My name is Claire, I will do whatever I can to answer your question
How much is the house worth and how much is outstanding on the mortgage?
Claire
Customer: replied 4 years ago.

About £165k lowest price and mortgage left is about £82k

Expert:  Clare replied 4 years ago.
Hi
What other assets and debts are there and how much do you each earn?
Claire
Customer: replied 4 years ago.

about £20k each, debts of £22k between us

Expert:  Clare replied 4 years ago.
Hi
Then yes I am afraid she is likely to be able to remain in the property until the youngest child is 18 unless she cohabits in the meantime.
When the house is sold it is likely that the proceeds will be divided 50/50 between you - or indeed there is a potential risk that she will get 60% of the equity
Claire
Customer: replied 4 years ago.

ok thanks

Customer: replied 4 years ago.

is this also true if i am sole name on mortgage and deeds then?

Expert:  Clare replied 4 years ago.
Hi
Yes I am afraid that makes no difference to the outcome
Claire