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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34458
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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My husband & I are separated for 6m now - I moved out of our

Customer Question

My husband & I are separated for 6m now - I moved out of our jointly owned house with our 5yr old daughter as my husband suffers with alcoholism & severe depression. What I would like to is, if I divorce him, will my daughter & I be able to move back to our house & ask him to leave (as my rent alone is £125 PCM more than we pay for the monthly mortgage)!

If we can, will he have to contribute towards a mortgage in a house he doesn't live? (In addition to the £375 child maintenance he currently pays).

Thank you,

Deb

Ps He earns £40k working ft. I earn £12500 working p/t.
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 is the house worth and how much is outstanding on the mortgage?
What other assets and debts are there?
Clare
Customer: replied 4 years ago.
Hi Clare,

The house is worth approx £175k with £141k left on the mortgage (Approx 29 years left on its length).. No other assets (unless you count cars... Mine is worth about £4.5k, his about £2.5k).
I have an unsecured loan with approx £1k outstanding & 18months more repayment on it.

Many thanks,
Deb
Expert:  Clare replied 4 years ago.
Hi
How much is the mortgage payment?
Clare
Customer: replied 4 years ago.
£610 PCM
Expert:  Clare replied 4 years ago.
Hi
If you worked full time what could you earn?
(yes I know it might not be worthwhile!)
Clare
Customer: replied 4 years ago.
£19,100.00 a year gross
Expert:  Clare replied 4 years ago.
Hi
Could you afford that if you moved back (assume no spouse maintenance)
Clare
Customer: replied 4 years ago.
Yes, I've checked my budget. My current rent is £725 PCM, whereas our mortgage is only £610 per month. He is living in our 3 bed, 3 bath semi in an affluent part of the city. My daughter & I live in a 2 bed end terrace in a less affluent part of the city.
As his drinking was out of control I felt it would push him over the edge to insist he left (as he regularly said he would commit suicide), so we moved out instead.
Money is frighteningly tight, but we are safe & coping.

Deb
Expert:  Clare replied 4 years ago.
Hi
How much does a two bedroom property in the same general area cost to buy?
Clare
Customer: replied 4 years ago.
According to Rightmove, approx £175k for a 2bed flat. As that sounds like a lot if money to me, I had another look on Rightmove (as I based my valuation if our current house on our remortgage val in May 2011. just seen on Rightmove that the house opposite has sold this week for £200k. No idea if it's been renovated but it's slightly smaller as we have an extension.
Expert:  Clare replied 4 years ago.
Hi
Within the financial side of the Divorce it is VERY likely that the court will give you the chance to move back to the house with the child - as the safe and secure housing of the children is the priority in the financial issues.
However you may have to pay him a share of the equity when your child is 18 (or if you cohabit in the mean time - at that point a 60/40 share in your favour is likely - or even a larger share if you cgive up the right to Spouse Maintenance.
With regard to making payments towards the mortgage this is unlikely - unless you opt for spouse maintenance which is essentially needs based
I hope that this is of assistance - please ask if you need further details
Clare