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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33513
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 has abandoned the family home nearly 5 weeks ago.

Resolved Question:

My husband has abandoned the family home nearly 5 weeks ago. He is transferring money into my account every week. I have been left with our 2 children. He is living in hotels at the moment. He hardly speaks to me or communicates as he says he does not know what he really wants except for a quiet life. I don't know what to do for the best. I hve found out that the house is in his name and there are 6 charges on the house, I don't know exactly for how much yet. So I if I want to sell the house I hve a notice on land registry as his wife. How much of what equity is left would I be entitled to? As I want 3 parts, mine & the children's. Does this has to be done by the courts & solicitors? Would it be better to get a divorce or separation? He is also taking drugs now & alcohol.
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 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 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?
How old are the children?
Clare
Customer: replied 2 years ago.
The house is worth £3000.00 with £45,000 left on mortgage no asstets but 6 charges on house which I find out final figure next week. I have no income he has a limited company & pays himself 1.200 -1.500 a week.The children are 12 & 10
Expert:  Clare replied 2 years ago.
Hi
What income do you have?
Clare
Customer: replied 2 years ago.
Well I don't work and since he's been away from the family home my husband transfers £150-£200 a week into my account but I don't know how long that is going to last as We have had a massive argument on Thursday.
Expert:  Clare replied 2 years ago.
Hi
Could you work if necessary?
How much does a cheaper three bedroom property in the same general area cost to buy?
Clare
Customer: replied 2 years ago.
I could work part time around school hours
A small 3 bed wld cost around £225,000 as the property we have us large 3 bed semi detached
Customer: replied 2 years ago.
Please could you cancel this now as there are too many questions I think unnecessarily so I would like a refund please

Thank you
Expert:  Clare replied 2 years ago.
Hi Sassy
I am afraid that to give you any kind of useful answer the questions were necessary - otherwise it is only possible to give vague and general answers which are of limited use.
The first thing t point out is that there is no question of your having "three parts" - your children have no claim on the property and never will, this is simply about how the equity should be shared between you and your ex.
You have already taken the first step to protect your position by Registering your Matrimonial Home Rights.
When it comes to dividing the assets (all of them) then the starting point is 50/50.
HOWEVER the priority for the Family Court is the safe and secure housing of the children until they are 18 - and if that means that for now you need more of the assets - then your husband will have to wait until your youngest is 18 - or you cohabit - to get his share
At present that would mean your receiving £225,000 to £230,000 - IF there is that much left in the property.
If the Charges mean that there is not that much left then in fact you could stay where you are since selling would leave you homeless - if that was what you wanted.
You are entitled to child maintenance - the rules are a little complicated - but if you say 14% of his gross income you will not go far wrong.
If you wish to do a specific calculation then the details are here
http://www.nacsa.co.uk/index.php/cs3-top/cs3-calculations
Whether you divorce or separate is essentially a personal decision - but if your ex will not discuss finances then the only way he can be forced to do so is within Divorce Proceedings where the Court can decide what happens if need be.
I hope that this gives a guide - please ask if you need further details
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33513
Experience: I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
Clare and 2 other Family Law Specialists are ready to help you
Customer: replied 2 years ago.
Can I fight for more assets? I've found out that the mortgage owed is £43,000 but I still do not have the total amount due in charges.can I also ask him for more than the minimum percentage of his salary.
He also owns a plot of land with another friend would he have to sell this and give me half? His sister and him also own their mothers house now as she's transferred it in their name. Would I be entitled to half of his half as it's one of his assets?
Expert:  Clare replied 2 years ago.
Hi
IF there is sufficient after the Charges are settled you can certainly expect to receive enough to purchase another property to start with.
You can also expect to receive at least 60% of the matrimonial home - and a share of the value of the land and the house (although that will be discounted if his mother is still living at the property.)
So yes I expect that you will get a larger share of the equity in the matrimonial home permanently
You can also claim spouse as well as child maintenance
Clare

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