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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34105
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 and I are discussing a divorce and both own our

Resolved Question:

My husband and I are discussing a divorce and both own our house and have an 8 year old. Do I have to sell the home?
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.
Who will the child live with?
How much is the house worth and how much is out standing on the mortgage?
What other assets and debts are there and what income do you each have?
Clare
Customer: replied 3 years ago.

He will live with me. House is worth around £240000 with £80000 left on mortgage. He is self employed and didn't earn anything last year but I have a preschool which earns me around £25000 a year. No other debts between us.

Expert:  Clare replied 3 years ago.
Hi
How much would a two bedroom property in the same general area cost to buy?
Clare
Customer: replied 3 years ago.

Around 175 perhaps but I have two older children who aren't his also living with me. 19yrs & 17yrs both at college.

Expert:  Clare replied 3 years ago.
Hi
How was the original purchase funded?
Clare
Customer: replied 3 years ago.

My husband funded it


 

Expert:  Clare replied 3 years ago.
Hi
Will the mortgage company release your ex from the current mortgage?
Clare
Customer: replied 3 years ago.

I'm not sure how I would go about that? I'm guessing my husband has to agree to this? Does he have to force me to sell the house is really What I'm worrying about as I work from here too.

Expert:  Clare replied 3 years ago.
Hi
What work do you do from home - is it possible to do it from any house - or is this one particularly suitable?
Clare
Customer: replied 3 years ago.

I childmind from here so If I went into rental I might not be able to continue. Can you please just inform me if I have to sell or not?

Expert:  Clare replied 3 years ago.
Hi
There isn't a yes or no answer I am afraid - the answer is it depends on a lot of factors.
The fact that you have two older children is not relevant I am afraid as they are not his financial responsibility and they are too old for the court to view their housing needs as relevant.
The priority for the court is the safe and secure housing of your 8 year old until she is 18.
If the house was sold you would need all the equity in order to rehouse yourself and the child - BUT it would mean that your ex would be released from the mortgage which could be attractive to your ex and the court
He would have a charge back on your new property so that he would receive his share of the equity (likely to be limited to 40% at most)when your child is 18
However your mortgage capacity is linked to your home which could give you some leverage on negotiating a plan to stay in the property
You need to negotiate this with your ex using Family mediation (www.familymediationhelpline.co.uk)
I hope that this is of assistance - please ask if you need further details
Clare
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