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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33537
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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Hello Do you deal with financial matters concerning a property

Resolved Question:

Hello

Do you deal with financial matters concerning a property in a divorce where children are involved?

Gillian
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is XXXXX XXXXX I will do my best to help you but I need some further information first.
How old are the children and what assets and debts are there for division?
Clare
Customer: replied 3 years ago.

The situation is this:


My husband and I seperated 18 months ago. He forced me out the house using verbal agression and the children remained with their father in the family home. I moved into a flat. We did agree to sell the house but unfortunately he attacked me in my flat in front of the children and has now got a criminal record. The children moved in with me in the family love. I was awarded occupation order on monday to move back into the 4 bedroom house with my children. We are in the midst of a prohibited steps and residency order but I do believe he has very little chance of getting residency with the children.


I am representing myself in court due to lack of funds.


Today I recieved a letter from his solicitor threatening me that the house is above the needs of me and my 2 children aged 13 and 10. She said that my hiusband will go to court to seek an order of sale and that the costs will come out of the matrimonial pot.


We are at Nisi in the divorce.


Is there any advice you can give me and can I stop him?

Customer: replied 3 years ago.

Also the house was on the market for 469.99k. My husband accepted 450k but I refused to accept the offer because I had applied for an occupation order.


There is a mortgage of around 185k


 

Expert:  Clare replied 3 years ago.
Hi
How much does a three bedroom property in the same general area cost
What other assets are there?
What income do you each have?
Clare
Customer: replied 3 years ago.

A 3 bedroom house costs in excess of 300k


 


There are no other assets.


 


I am self employed and only earn around 20k. He has recently changed his job again. I reckon he is earning at least 50k


 


The mortgage i tried to get was only 50k. I won't be able to buy a property to suit my needs.


 


I am worried he will force me to sell and leave me homeless with not enough money to buy.

Expert:  Clare replied 3 years ago.
Hi
So if you had the £300,000 plus a small mortgage you could rehouse yourself and the children?
Clare
Customer: replied 3 years ago.

Yes but there isn't enough equity in the house.


 


he now has to pay me maintenance of £500 a month plus I get tax credits so there is a chance I will get more mortgage now as the children are in my care

Expert:  Clare replied 3 years ago.
Hi
But in fact if the house was sold the equity would be £260,000 or so - plus £50,000 mortgage would rehouse you?
Clare
Customer: replied 3 years ago.

yes but what about his equity?

Customer: replied 3 years ago.

He wants 120k!!!!

Expert:  Clare replied 3 years ago.
Hi
That is as may be - but the priority for the court is the safe and secure housing of the children until they are 18
On that basis whilst he may be able to force a sale to enable him to be released from the mortgage YOU will need ALL the proceeds of sale to rehouse himself - and he will still have to way for his money until your youngest is 18
I hope that this is of assistance - please ask if you need further details
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33537
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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