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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34126
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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Hi, I filled for divorce last December, an application for

Customer Question

Hi, I filled for divorce last December, an application for the Decree Nisi was sent a few weeks ago. Things with my Husband were handled in a very amicable and civilised way until recently when I met someone who would like a long term relationship with me.
After spending the night away, my husband has demanded that I should leave our house and has offered to buy me out eventually, he has also agreed that I could have custody of our two boys, but has decided we can no longer live together and insists I should move out. I don't know what to do, as I don't work, haven't worked for many years and my children are still in primary school. Our families live abroad and we don't have any childcare help / support to count on. My husband happens to be the aggressive type and can be very intimidating at times. There is history of domestic violence, however that is not one of the grounds for me divorcing him. Should I move out of our house with my boys?
Submitted: 4 years ago.
Category: Family Law
Expert:  Clare replied 4 years ago.
Hi
Thanks for using JustAnswer. My name isXXXXX will do whatever I can to answer your questions
How much is the house worth and how much is outstanding on the mortgage?
What other assets are there and what income do you each have?
Claire
Customer: replied 4 years ago.
The house is worth £560,000 mortgage outstanding is £116,000
Other assets are two houses in Ireland, one of them had to be remortgaged for just over EUR 100,000 to be able to finish paying off our previous home.
My husband's income varies as he is a contractor, anything between £100,000 to £150,000 p/year. We own two cars fully paid for. I'm a housewife and I gave up my job almost 6 years ago.
Expert:  Clare replied 4 years ago.
Hi
How much are the houses in Ireland worth and how much will a three bedroom property in the same school area cost?
Claire
Customer: replied 4 years ago.
Houses in Ireland approx Eur 130,000 To 150,000. A 3 bedroom house nearer to the school would cost between £250,000 and £300,000
Expert:  Clare replied 4 years ago.
Hi
Your ex cannot make you leave the house - whether or not you have a new person in your life.
The priority so far as the family court is concerned is the safe and secure housing of the children until they are 18
If he wishes you to move out of the house - and you agree to this - then he must either buy you out immediately - or the house has to be sold and you given sufficient funds to rehouse yourself and the children mortgage free.
He will also need to pay child maintenance - and spouse maintenance until you cohabit
If your ex is violent please call the police and consider obtaining an order excluding him from the property for the safety of yourself and the children
Claire
Clare and other Family Law Specialists are ready to help you
Customer: replied 4 years ago.
Thank you, XXXXX XXXXX certainly has helped.
Thank you very very much. Best regards
Expert:  Clare replied 4 years ago.
Hi
You are most welcome - good luck
Claire
Customer: replied 4 years ago.
Hi, sorry one more question, how can I get him to move out of the house. We can no longer live together. Thank you
Expert:  Clare replied 4 years ago.
Hi
If there is violence you can apply for an order excluding him.
In the mean time you can only start the financial side of the divorce - and try using Family mediation to reach a settlement
Claire
Customer: replied 4 years ago.
Thank you, that's what we are trying to do but he is so tight doesn't want to pay anyone to resolve our issues. Would still like to think that we can get back together. Domestic violence occurred 9 years ago, but he is the aggressive bully type.
Expert:  Clare replied 4 years ago.
Hi
The law is on your side here - make it plain that if he will not negotiate you will simply take the matter to the court - which will cost him more and give him less room for negotiation
Claire