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Kasare
Kasare, Solicitor
Category: Family Law
Satisfied Customers: 204
Experience:  Solicitor, 10 yrs plus experience in civil litigation, employment and family law
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My husband and i are splitting up and he wants to sell the

Customer Question

My husband and i are splitting up and he wants to sell the house, i do not wish to do this and i was wondering if i had any chance of keeping my house as i have 2 children under the age of 7. I also need advice on how i could keep custody of my children as I do suffer with epilepsy (gelastic) of which it does interfere with my every day living, but only occasionally this can happen of which i does not stop me from caring for my children. I'm also worried because of my epilepsy my children will be taken away from me. Can you please help x
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question
I shall do my best to assist you but I need some further information first
How old are the children and who has their day to day care
How much is the house worth and how much is outstanding on the mortgage?
What other assets and debts are there and what income do you each have?
CLAIRE
Customer: replied 3 years ago.

My son is 7 and daughter 4. I have them in the day.


The house cost £160.000 in 2003 but not sure what it's worth now. As for how much on the outstanding mortgage, the closing balance as at 31st December 2011 £47,447.43. If paid off early £49,428.12k.


My husbands wage he comes out with is £384.16 a week after deductions.


As for my self i'm a house wife/mother and don't work.... unfortunately due to my problem no one will employment, and I'm on Disability Living Allowance which is £355 a fortnight............ roughly. Sorry i can't be precise, as since a brain operation i had a long time ago ruined that part of memory. The only reason i know these details i've told you is because i have them written down. Hope that helps

Expert:  Clare replied 3 years ago.
Hi
Just to heck - are you safe to have their care overnight as well?
Claire
Customer: replied 3 years ago.

Yes I'm fine. To be honest with you, they used to wake me quite a lot in the night and sometimes incontinent. But I think they have either stopped in the night or i now sleep through them and im not incontinant either. Touch wood. x

Customer: replied 3 years ago.

Yes I'm fine. To be honest with you, they used to wake me quite a lot in the night and sometimes incontinent. But I think they have either stopped in the night or i now sleep through them and im not incontinent either. Touch wood x


 

Expert:  Clare replied 3 years ago.
Hi
The joys of children - so your husband will not be able to argue that you cannot cope without his support - or at least if he does then he is in fact not being honest?
Claire
Customer: replied 3 years ago.

Ok thanks. But will myself and the children beable to stay in the house even though I don't work? Also its very handy for them.... and myself really as we only have two roads to cross


Leanne

Expert:  Clare replied 3 years ago.
Hi
So your ex has never had to care for the children alone because of your illness?
What is your best guess on the current value of the property?
Claire
Customer: replied 3 years ago.

No Claire he hasn't. As for the current value I haven't a clue, but it was £160.000 back in 2003. Sorry cant be of help there

Expert:  Clare replied 3 years ago.
Hi
No worries
Apart from your husband what support system do you have in place for the care of the children if you are ill?
Claire
Customer: replied 3 years ago.

I did / have a couple of carers (mum and cousin) who


will stop completely in september as my 4 year old will start school full time. Not only that I will be so glad as ive hated having someone with me all the time. I haven't felt like a proper mother, and I know they was there just incase of a seizure but theyve never been needed. What will hhappen then though im not sure. But my son knows



what numbers to phone if any problems





Leanne


Expert:  Clare replied 3 years ago.
Hi
Do you mean that you have always got to have someone in the house with you and the children?
Is this a social services requirement?
Claire
Customer: replied 3 years ago.

Hi Claire


No not at all. Just until they was old enough to understand


Of which they are.


I didn't need Carers at all. And im fuming I had to have them.


 

Expert:  Clare replied 3 years ago.
Hi
I can understand that but in view of the possible implications I do need to know if Social Services are or have been involved?
Claire

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