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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33323
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 wife has left leaving me with house and 2 children aged

Customer Question

My wife has left leaving me with house and 2 children aged 15 and 17 but both in full time education. She has filed for divorce and wants half house. She has never paid mortgage or any household bills. There are no savings or pensions. Where do I stand?
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 much is the house worth and how much is outstanding on the mortgage?
What other assets and debts are there and what income do you each have.
Please confirm that the children are still living with you
Clare
Customer: replied 2 years ago.
Children are both living and staying with me. The house is worth £330,000 and has approx £50k mortgage . There are debts of approx £40k which includes approx £25k to HMRC. There are no other assets. My income is approx £40k wife's income approx £10k which is all benefits fit to disability.
Thanks
Expert:  Clare replied 2 years ago.
Hi
how much does a three bedroom property in the same general area cost to buy?
Clare
Customer: replied 2 years ago.
Approx £180k but I am unable to mortgage due to poor credit history
Expert:  Clare replied 2 years ago.
Hi
On the positive side your ex is under a duty to help you house the chidlren until they are 18.
On the substantially more negative side I am afraid that she will indeed then get half of the equity - although you should be able to ensure that the current debts are also accounted for assuming they arose whilst you were together.
If there was an immediate sale you could still purchase a property mortgage free and allow some funds to be released to your ex - although she would have to wait for the balance - and in any event the costs of forcing that in terms of money and TIME would be considerable for her
You need to try and negotiate with your ex using Family mediation (www.familymediationhelpline.co.uk) - an early sale could get you a much larger share of the equity to keep if you agree to it!
Please ask if you need further details
Clare

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