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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33293
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 and I separated 18 months ago, she still lives in the

Customer Question

my wife and I separated 18 months ago, she still lives in the marital property with our daughter who is 15 and my son who is 22,i was paying half the interest only on the mortgage and she was paying the other half, over the last 3 months she has not been able to pay her half subsequently no payment has been made at all, I want too sell the house before it gets repossessed it may just cover the outstanding mortgage, she doesn't want too sell, she doesn't work at all and is on benefits, I work full time, what can I do? and can I be forced too pay the mortgage in whole? can I force the sale of the house? think she is worried about being homeless? would the council find her alternative accommodation while we sell the house? I have moved on in life and have a new partner, my grandson lives with me on a special guardianship order. just don't know where I stand the stress of all this is taking its toll.
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
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?
Why did you stop paying half of the mortgage?
Clare
Customer: replied 2 years ago.


house worth around 105,000


outstanding = 94,000


debts= fixed loan on house in joint names I am paying soley 12,000


assets = none really apart from my car which is only worth 1500


my income around 30,000


ex,s income 0. on benefits.


stopped paying half mortgage because I was transferring my half into her bank, found out after letter from mortgage company it had been cancelled? she said she couldn't afford her half which is 100 a month,i have been the sole earner throughout our marriage she has never worked and never really showed any willingness too ,

Expert:  Clare replied 2 years ago.
Hi
What child maintenance are you paying?
Clare
Customer: replied 2 years ago.


0 directly,we arranged that after split I would support ie I pay for daughters phone contract if school clothes are required I would buy them basically if daughter wanted anything I would oblige obviously within reason and I took on debts on property fixed loan 122 pound month gas and electric bill outstanding when we split which was 2000 pounds, and obviously I am also bringing up my grandson on the special guardianship order

Expert:  Clare replied 2 years ago.
Hi
Have the Mortgage Company started the repossession proceedings?
What action does your ex say she intends to take?
Clare
Customer: replied 2 years ago.

no company not started repossession proceedings yet, my ex hasn't said what action she will take, she has agreed with mortgage company too pay half the interest only for 3 months and then they will review it again,im afraid of repossession proceedings? she just doesn't want too listen too anything,

Expert:  Clare replied 2 years ago.
Hi
The priority for the Family Court is the safe and secure housing of the children of the family until they are 18 so I am afraid unless Possession Proceedings are issued there is little chance of your being able to force a sale of the property for the next three years especially as it is negative equity
You also need to be aware that if your ex applies to the CSA then your child maintenance liability will be 12% of 89% of your GROSS income - so more than the full mortgage payment each month.
The most realistic option available to you at moment is to try and negotiate with your ex using Family mediation (www.familymediationhelpline.co.uk) to try and reach a realistic agreement
Please ask if you need further details
Clare
Customer: replied 2 years ago.


so realistacly im earning 30,000 a year if it went too a court what would be the likely outcome based on the previous information I have given you, how much could it cost me if it went too court? could she also claim for spousal maintenance, also when my daughter reaches 18 where would I stand then and the likely outcome if went too court after my daughter reached 18 bear in mind I am bringing up a six year old as previously stated

Expert:  Clare replied 2 years ago.
Hi
How often does your 15 year old stay with you overnight?
Clare
Customer: replied 2 years ago.


she doesn't stay overnight with me

Expert:  Clare replied 2 years ago.
Hi
In that case your CSA liability is in the region of £267 a month
Spouse maintenance is unlikely unless there is a disability which prevents your ex from working
Once your daughter turns 18 then the house will be sold and it is likely that any equity divided equally between you
Clare
Customer: replied 2 years ago.


so if we stayed as we are until daughter is 18, would it be a lot easier too sell house and what would be the financial outcome for me basically could my ex at this point after my daughters 18th try and claim anything from me? what would I legally be liable for after my daughter turns 18, and from a professional point of view what would you advise me too do? act now or wait unt daughter turns 18

Expert:  Clare replied 2 years ago.
Hi
Once your daughter is 18 you will be able to force the sale of the house - so frankly unless and until possession proceedings become a real risk I would simply wait
Clare
Customer: replied 2 years ago.

after daughter turns 18 would I be liable financially in anyway towards my ex, would she be able too try and claim anything from me besides what or if the house made any money,

Expert:  Clare replied 2 years ago.
Hi
Is she registered disabled in any way?
Clare
Customer: replied 2 years ago.


no she is not and she is able too work should she choose too

Expert:  Clare replied 2 years ago.
Hi
Then the only other claim she could make would be on any pension provision you may have
Clare
Customer: replied 2 years ago.


if my daughter left school at 16 too work would I still have too pay maintenance, my grandson is on a special guardianship, both my name and my exs name is on this order as legal gaurdians for our grandson, but he lives with me as she lacks care for him so is she liable in anyway too him

Expert:  Clare replied 2 years ago.
Hi
If she has left education then you do not have to pay child maintenance - but still cannot force the sale of the property.
Your wife has no liability to maintain your grandson
Clare
Customer: replied 2 years ago.

if the house was to be repossessed would I be liable for the whole debt as I work she doesn't and could she get a court to stop the repossession until daughter turns 18

Expert:  Clare replied 2 years ago.
Hi
If there was a shortfall you would indeed be approached for payment.
No the fact that she has a child under 18 would not stop the repossession
Clare

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