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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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Hi - My daughter has decided that she must end her marriage.

Customer Question

Hi - My daughter has decided that she must end her marriage. Her husband has become increasingly abusive - mostly verbal abuse. He is also drinking heavily, waking the children up at 1am shouting at our daughter (after drinking heavily). She has two daughters (4 & 6). they jointly own a house valued at £245k, on which they owe £150k. My daughter works part time, but may be able to go full time. We would like her to remain in the house. She may be able to remortgage, but will mean full time working. Her husband is self employed doing DIY for people. He does very little with the children leaving that to my daughter, leaving early in the morning and back late after the children have been bathed and put to bed. We pick the children up from school. For the past three months he has not contributed to the house accounts or paid the mortgage, and he owes our daughter £2k for other loans to keep his business going. He has stated that he will leave if my daughter gives him half of the equity, after the £2k he owes her. He has offered £200 a month for the girls.
My question is - is he entitled to 50% of the equity, as it is my daughter who will be paying most of the support costs for the girls. Whatever we will get the agreement completed legally - this is just advice for me in trying to support our daughter.
Regards,
David Ingham
Submitted: 4 years ago.
Category: Family Law
Expert:  Clare replied 4 years ago.
Hi
Thank you for your question.
My name is Clare and I will do my best to help you but I need some further information first.
How much would a three bedroom property in the same general area cost?
Clare
Customer: replied 4 years ago.

Hi Clare,


 


Using Zoopla the average 3 bed house price is £233,000.00, our daughter has a double frontage and two garages, which increased the value. We have had 3 estate agents in to value, they ranged from £240k to £250k.


My daughter has now an appointment with a solicitor on Friday, where they are going to draw up an agreement.


My only query is the split of the equity - is it 50:50 or 2/3:1/3 - I wish to ensure the each side get what it right.


 


David

Expert:  Clare replied 4 years ago.
Hi
What other assets and debts are there and what income do they each have?
is she realistically able to buy him out now?
Clare
Customer: replied 4 years ago.

Hi - everything has been overtaken by events - our daughter has been to see a solicitor as things were getting out of hand in the house, and is in the process of divorce proceedings

Expert:  Clare replied 4 years ago.
Hi David
That is the best possible news - I do hope she has been told that she doe snot hav eto pay him a penny yet
Clare