How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Nicola-mod Your Own Question

Nicola-mod
Nicola-mod, Moderator
Category: Family Law
Satisfied Customers: 11
Experience:  Moderator
73944119
Type Your Family Law Question Here...
Nicola-mod is online now

My friend has recently left her husband after many years of

Customer Question

My friend has recently left her husband after many years of abuse. He is continuing the verbal abuse over the phone with threats about money, the children and even taking his own life. She just doesn't know what to do and heading towards a breakdown as this continues. The latest threat is about not making a substation sum of money available and will let the house be reposed rather than support with the mortgage payments.
What can she do to prevent this from happening??
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 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 long have they been married and how old are the children?
What assets and debts are there and what income do they each have?
Clare
Customer: replied 2 years ago.
I'm not sure exactly but they have been married 19 yrs. 2 children ages 16 and 10. The own to properties one the home with a mortgage of approx £100. The second one is a villa in Spain with a similar mortgage
£11000 of shares has just been sold which is the sum of money in my original question.
She earns £35000 per year and he runs his own business and takes home between £1000 an £3000 per minth
Expert:  Clare replied 2 years ago.
HI
Who currently lives in the Matrimonial home?
Clare
Customer: replied 2 years ago.
The wife
Expert:  Clare replied 2 years ago.
Hi
Is she not able to maintain the mortgage herself?
Clare
Customer: replied 2 years ago.
Yes she can. Only issue is that the mortgage payment comes out the joint account. She has moved her paycheck into a separate account to prevent him spending it. Happy to transfer money back to cover the mortgage but afraid the joint account will be abused and the money won't be available to make the payment
Expert:  Clare replied 2 years ago.
Hi
Has she considered paying the mortgage directly from her account instead or does she wish to wait and see if he does pay?
Clare
Customer: replied 2 years ago.
I think she would yes.
Expert:  Clare replied 2 years ago.
Hi
Is she willing to start divorce proceedings or does she just want to maintain the current situation for a while?
Clare
Customer: replied 2 years ago.
I think so but right now her main concern is how to ensure she doesn't lose everything
Expert:  Clare replied 2 years ago.
HI
How much is the Matrimonial Home actually worth?
Clare
Customer: replied 2 years ago.
Approx £180k
Expert:  Clare replied 2 years ago.
Hi
The money from the shares is that also going into the joint account?
Clare
Customer: replied 2 years ago.
No it's gone missing! Husband sold the shares and taken the money
Expert:  Clare replied 2 years ago.
Hi
What income do they each have?
Clare
Customer: replied 2 years ago.

Claire - this question has already been asked and answered. Are we getting close to any advice


 


Thanks

Expert:  Clare replied 2 years ago.
Hi
My apologies so it has
If your friend is not yet ready to start divorce proceedings her only option for now is to ensure that she takes over paying the mortgage on the matrimonial home and applies to the CSA for maintenance for the children.
When she is ready to start the divorce proceedings her ex will still have to account for the money that he has received from the sale of the shares
Since there is a reasonable amount of equity in the former matrimonial home if the share money has gone she can have the whole of the house instead.
Alternatively she can issue Divorce Proceedings immediately and make an immediate application for the financial issues to be dealt with
The starting point for division of the equity is 50/50 with the priority being the safe and secure housing of the children until they are 18 - so there is little doubt that she will remain in the property and it is likely to be transferred to her name
If there are other details that you need do please ask
Clare

Expert:  Nicola-mod replied 2 years ago.
Hello,

Just a quick reminder, there is an unrated answer waiting for you here from the Professional.

If the Expert was helpful, rating their answer as satisfactory transfers your deposit to them – this is how the Expert is compensated.

To rate your answer, you can go to your question page, and click one of the five faces below the Expert's answer. Please be sure you are logged in with your username and password or you will not be able to view or rate your answer.

If you still need help with your question, please feel free to reply to the Expert on this question page. You may ask as many follow-up questions on the same question page as you need until you are satisfied.

Thank you,
Nicola

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Kasare

    Kasare

    Solicitor

    Satisfied Customers:

    204
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
< Last | Next >
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    204
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Solicitor

    Satisfied Customers:

    133
    UK solicitor
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Solicitor

    Satisfied Customers:

    7
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    340
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.com/uploads/GL/Glossolicitor/2013-5-14_214834_TWMParkinsonWright.64x64.jpg Glos solicitor's Avatar

    Glos solicitor

    Family Solicitor

    Satisfied Customers:

    2
    10 years experience in all areas of family law, now specialising in cases involving social services and children
  • http://ww2.justanswer.com/uploads/UK/UKfamsol/My face July 2011.64x64.jpg UKfamsol's Avatar

    UKfamsol

    Family Solicitor

    Satisfied Customers:

    240
    Very experienced specialist family law solicitor, qualifed in 1994
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg chatham-chamber's Avatar

    chatham-chamber

    Solicitor

    Satisfied Customers:

    182
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)