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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 husband has walked out on me and my2 children. We have a

Customer Question

My husband has walked out on me and my2 children. We have a mortgage in joint names. I need to know what I'm in tilted too. Where I stand on the house.
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.

Clare :

Hi Thank you for your question.

Clare :

My name is Clare

Clare :

I will do my best to help you but I need some further information first.

Clare :

How much is the house worth and how much is outstanding on the mortgage?

Clare :

How long have you lived together and how old are the children?

Clare :

What income do you each have?

Customer : My house is worth £155, we have lived together for 10 years and my children age 8,6
Customer : my husband income is£52 k a year and mine is £10k year
Clare :

How much is outstanding on the mortgage

Customer : Not sure off top of head only had the morgage for 5 years
Clare :

best guess?

Clare :

How much did you borrow - do you remember?

Customer : Our outranking balance as from 28/02/13 was 126922.43 haven't had this year statement.
Clare :

thank you

Clare :

Are there any other savings or assets

Customer : No.
Clare :

Do you want to stay in the house/

Customer : Yes if possible.
Clare :

the priority for the court is the safe and secure housing of the children until they are 18

Clare :

so there is little doubt that you will indeed be able to stay in the property

Clare :

he will have to pay child maintenance at roughly 16% of his gross income (possibly a little less)

Clare :

you are also eligible for spouse maintenance because of the substantial difference in your incomes.

Clare :

although you may decide to trade this in order to keep the house even after your children are 18

Clare :

You should offer to discuss this with your ex using Family mediation (www.familymediationhelpline.co.uk)

Clare :

I hope that this is of assistance - please ask if you need further details

Customer : I don't understand the part about spouse maintenance or trading it in for the house?
Customer : I don't understand the part about spouses maintenance or trading it in for the house?
Clare :

You are financially entitled to claim spouse maintenance

Customer : How does this work and how long am i entitled to it?
Clare :

Spouse maintenance is needs based - and lasts as long as the court orders - generally until your remarriage or cohabitation or until you obtain a well paying job

Clare :

However if you wish to avoid having to sell the property when your youngest is 18 and dividing the proceeds with your ex then you may decide to give up your claim for spouse maintenance on return for the house being totally yours

Customer : As it stands currently my husband paid for everything, how do we go about paying the mortgage?
Clare :

that depends on what you agree

Clare :

most people prefer to have the maintenance and then pay the bills from it

Clare :

others prefer to have the spouse pay the mortgage and pay less maintenance

Clare :

You can negotiate with your ex using Family Mediation (www.familymediationhelpline.co.uk)

Clare :

to reach agreement

Customer : My ex has told me today that he counselling all direct debits to all bills apparent from mortgage for now and he will just give me money each month for the kids? What do I need to do as he paid for everything
Customer : My ex is not willing to go see anyone.
Clare :

Hi

Clare :

has he left the property?

Customer : Yes
Clare :

How much is the mortgage payment and how much is he offering as child maintenance

Customer : The mortgage is £720 a month which he currently paying and he offered to pay £400 month for the kids
Clare :

that is not a bad offer - but neither i sit generous.

Clare :

his CSA assessment would be £690

Clare :

I suggest you agree to him paying the mortgage plus that.

Clare :

This would be a fair division for now

Clare :

point out to him that Mediation is a great deal cheaper than a court application

Customer : Will see if I can get him to agree to the mediation.
Clare :

well if not then your only option is a court application

Customer : it's hard as he only communication through txt.
Clare :

In the meantime you can check your benefit eligibility here

Clare :

http://www.entitledto.co.uk/

Customer : How much is it to go through mediation roughly?
Clare :

depends on your local mediator - your share will be covered by legal aid

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