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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33318
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 have recently separated from my husband. I have two children

Customer Question

I have recently separated from my husband. I have two children who still reside with me in our marital home. They are not his. Am I still able to remain there, until my youngest child completes full time education.
Submitted: 3 years ago.
Category: Family Law
Expert:  Stuart J replied 3 years ago.
How old are the children?
Customer: replied 3 years ago.


One is 17 years old, and the other is 13years old.

Expert:  Stuart J replied 3 years ago.








And
how long were you married and how long together before married. Did he treat
the children as his own?



Expert:  Clare replied 3 years ago.
Hi
How much is the house worth and how much is outstanding on the mortgage?
What other assets and debts are there and how much do you each earn?
Claire
Customer: replied 3 years ago.


We were married for 2 1/2 years, and lived together for 2 1/2 years previous to getting married. He treated the children as his own, and was very close to them, and continues to have some contact, albeit via text. The house was bought for 140,000.00 and we have spent 40k renovating this. I have no idea currently what is is worth, but estimate approx 185K. We both have personal loans equalling around 9k. We are both nurses, and earn between 26k and 31k respectively.

Expert:  Clare replied 3 years ago.
Hi
How much is outstanding on the mortgage?
Exactly how was the purchase funded?
Claire
Customer: replied 3 years ago.


Mortgage outstanding is 108K. This was funded in the first instance by a deposit from my house that I owned, and renovated with the remainder of my equity from the sale of my home. My husband moved in in 2008, we married in 2010. The house remained in my name. Our current home is in joint names, which we purchased in March 2012.

Expert:  Clare replied 3 years ago.
Hi
For clarity - how much does your ex think he is entitled to?
claire
Customer: replied 3 years ago.


He believes he is entitled to half, but has necessary asked for anything yet, just for me to re-mortgage to pay off his credit cards, then he will sign the house over to me. However on my currently yearly income, the bank wouldnt necessary allow me to do that, and take on the mortgage by myself. I have explained that to him, but he now thinks I should sell the house then, which I am not happy to do, as I have only recently (12months) re-located my children to this home. Perhaps in the future it may be possible to take on the morgage in sole name. I just wondered whether I have to sell, or whether having a child under 18 allows me some security until I can afford to take on the mortgage solely, or be in a position to move again.


 


 

Expert:  Clare replied 3 years ago.
Hi
Your husband is much mistaken.
A five year relationship does not give him a 50% share of the assets when the majority of the Capital was brought to the relationship by you.
In any event he will not be able to force a sale of the property until our youngest child is 18 - at which point a 70/30 or even 80/20 split in your favour is very achievable
Claire
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33318
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 3 other Family Law Specialists are ready to help you
Customer: replied 3 years ago.


Thank you so much for this information. I had an idea that was the case, but as with any separation, your confidence is knocked.


Much appreciated.


Paula Ward

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

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