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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33283
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 Im divorcing husband, want to split all 50/50, but he has

Customer Question

HI I'm divorcing husband, want to split all 50/50, but he has little income and nowhere to go. Can I buy him out of house so that he has no legal claim on it, while still allowing him to live there( seperate lives) until he gets a job? we have dependant children which we are agreed will live with me while he has unlimited contact.
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thanks for using JustAnswer. My name isXXXXX will do whatever I can to answer your question
How much is the house worth and how much is outstanding on the mortgage?
Why do you wish to do this before he moves out?
Claire
Customer: replied 3 years ago.

hi we are only likely to get 120k for house, owe nearly 100k. want closure and want to make sure things are sorted so that he can move out as soon as he can after getting a job.

Expert:  Clare replied 3 years ago.
Hi
Given the limited equity and the fact that you have children under 18 there is no real requirement for you to pay him anything at this stage - what settlement were you contemplating?
Claire
Customer: replied 3 years ago.

we have a static caravan worth approx 10k but we also owe 10k on a loan. was going to use caravan as settlement ei; he takes caravan for his share in house. he's in agreement just need to know the legal implications. he could live in it short term too.

Expert:  Clare replied 3 years ago.
Hi
Thank you for that - how far has the divorce actually reached?
claire
Customer: replied 3 years ago.

have not yet started proceedings as I wanted to get as much agreed with spouse as possible beforehand also want as much advice and info as possible too. starting proceedings very soon.rang one advise line and was asked how he will support himself.Fail to see why I am responsible for this once we are divorced butwould allow him to stay short term while he found a job. I'm told this is complicated hense I've come on to this site for advise.

Expert:  Clare replied 3 years ago.
Hi
The problem is that whatever agreement you reach and put in place financially so long as you are married he has a right to live in the house and his claim on it will not end until there is a final financial order sealed by the Court within the Divorce Proceedings.
So yes you can do the Transfer of the property and your ex can stay there - but you will still need a Consent Order within the divorce proceedings to ensure that he makes no further claim in the future
Claire
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33283
Experience: I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
Clare and other Family Law Specialists are ready to help you
Customer: replied 3 years ago.

thanks for your help

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Expert:  Clare replied 3 years ago.
Hi
You are most welcome I hope all goes well
Claire

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