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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33297
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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Divorce

Customer Question

Hi, would like to get answers to some of my questions please. I am 31 years old woman and have one 4 years old daughter and I am pregnant at the moment (18 weeks). I am married and we have a house with joint mortgage. Problem is that my husband is nearly daily extremely emotionally abusive and i can not live like this anymore. I am considering divorce but do not know how I will be able to cope financially. My questions would be: is it possible for me to get the house after divorce to raise the children until they grow up? I agree for the house to remain in both names. It is just for children's sake, my daughter has her own room, nursery she attends and the school. It would be unfair now to move out again and again especially when I will have a new baby soon. I have a part time work but my income is not enough to pay for the house. But I will be able to pay after couple of years when my baby will grow up. What can I do in such situation? Does the law protect me somehow? Will I be able to get the house to stay in it for daughters and baby's sake? Will I have to prove my ability to pay for it? Or will the payments be split by half to both of us? Otherwise I feel that I am stuck for another two years in this marriage. What is my situation? What can I get? How can I divorce without minimum harm put on children? Thank you!

Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Claire and I will do my best to help you but I need some further information first.
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.

Hi, we have bought the house only in March 2012, so everything is quite fresh. The price of the house was $145000 but we needed only £115000 from the bank. This year we took additional £10000 to the mortgage to decorate the house. I believe that now the house should worth more. Husband's income is nearly £1200 after taxes and mine is average £100 weekly. My income is variable as I work as call-in-call-out. Sometimes it can be £200 a week and sometimes it can be £50. But after baby will come I will be able to work part time or full time with the fixed salary if needed. Also I get CHB £81 and CTC £170 (it was reduced this year due to overpayment last year, but next year it should increase) every 4 weeks. Mortgage payments are £620 monthly. Thank you.

Expert:  Clare replied 3 years ago.
Hi
Best Guess on how much the house is worth now?
How much is the Mortgage payment each month?
Claire
Customer: replied 3 years ago.

Hi, I would guess that the house is would worth now about £150K-£155K and monthly mortgage payment is £620. Thanks.

Expert:  Clare replied 3 years ago.
Hi
Would you be able to afford the mortgage payments bearing in mind the child maintenance is likely to be £280 at most?
Claire
Customer: replied 3 years ago.

Of course it is not impossible at the moment, I know the maths. I am pregnant and I won't be able to work full time at least for a year. I struggle only for a year or two. Can mortgage be payable 50/50 as we have it on both names? I can apply for the benefits as a single mother and maybe I would manage to pay all the costs if another half of the mortgage would pay my husband.That is why I wanted to ask about the law what should I expect from the judge in this situation? Is there any chance for the decision like I have described above? From your practice? Or there is no other way but only to sell the house? Do children mean something when parents divorce? Thanks!

Expert:  Clare replied 3 years ago.
Hi
The priority for the court is indeed the safe and secure housing of the children until they are 18 and on that basis your husband will not be able to force a sale of the property until then
However that does not mean that your ex will have to pay half the mortgage as well as the child maintenance - since given his limited income (assuming that you gave me his monthly payment) spouse maintenance is not a realistic hope.
You can check your benefit entitlement here
http://www.entitledto.co.uk/
You can read about dealing with issues regarding the children here
http://theparentconnection.org.uk/
I hope that is of assistance - please ask if you need further details
Claire

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