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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33325
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 partner by the shariah is forcing me to sell my property,

Customer Question

my partner by the shariah is forcing me to sell my property, but i dont wish to sell my proeprty, i am happy to move in and continue to pay, as myself and child need to be close to schools and my maternal home who do the schools runs for myself and my child, the 2nd applicant wants a share of the property however i do not have the cash to give to him immediately.
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.
Where were you married and where are you living at the moment
Is the child also his child and how old is he/she
Clare
Customer: replied 2 years ago.
We got married in the UK and had an Islamic nikaah only in July 2007
I am currently living with my parents with my son but due to space it's getting hard as he is growing up and wants his own space
My son is 6 and is my self and his only child.

He is making very depressed by issuing court proceedings on me as he knows I do not have cash like he does to go through courts, previously he went through courts to take full residents of my child and he was granted shared over the weekends.

Myself through the whole and till present day have been loyal to him I have been through mental torture via him and his family while he was always having affairs and because I was unable to talk to anyone I told him 3 years ago I took drugs so he would see what he is doing to me, he used this against me while knowing farewell I had stopped and it was only a cry for help and had me tested by courts decision which ultimately resulted in no drugs found in my hair strands.

All I want is for my son to be happy and he does not want me to sell the house at times he does not even want to go to his dads due to his ever replacing female companions and ignoring my son when he is there but I can't even have my sons voice heard.

I've told him he is forcing me to sell this property and through no choice of mine or my sons. As I want my son to go to stretford grammar in few years time as in my area it falls under the free catchment area.

My sons suffers from dyslexia and this school would help him in the future and my future lies with my child, I do not need relationships like my partner does.

I work as a manager at Islamic bank of Britain in manchester and references from every dept and area can be provided of my character and loving nature towards my son only.
Expert:  Clare replied 2 years ago.
Hi
Is the house he wishes to sell the house you and the child are living in?
How much is it worth and how much is outstanding on the mortgage?
Clare
Customer: replied 2 years ago.
He never let me love in the house dying separation when I asked to move in with my son he started selling the property , the property is worth 250k and he is selling it for 238k we have around 169k remaining which I'm happy to cover
Expert:  Clare replied 2 years ago.
Hi
So who owns the property you and your son are living in?
Clare
Customer: replied 2 years ago.
That's my parents house where we are living,, but one single room is getting difficult for us both
Expert:  Clare replied 2 years ago.
Hi
How much does a two bedroom property in the same general area cost?
Clare
Customer: replied 2 years ago.
I'm not too sure, but this home was bought by my self and my partner because i loved this house,

Expert:  Clare replied 2 years ago.
Hi
I appreciate that but the important issue is how much a two bedroom property would cost
Clare
Customer: replied 2 years ago.
Not too sure but the area had mainly 3 bedrooms and prices in different streets further away are council properties they would be around 140k and ex council slroperty few street closer to my ex council area is over 200k for semi detach,

Expert:  Clare replied 2 years ago.
Hi
Ok That is fine
Just to check - you can obtain his release from the mortgage is that correct?
Could you also raise a lump sum to pay him off?
Clare
Ps there is hope I promise

Customer: replied 2 years ago.
Hello,

No at this moment in time I am unable to pay him nothing as all my gold and cars his family kept and I have had to start from scratch,

However on my part I'm happy for his name to remain on property whenever the property sells he gets his half
Expert:  Clare replied 2 years ago.
Hi
Have you not considered suing for the return of your gold?
With regard to the property under Schedule 1 of the Children Act your ex is under a duty to help you house the child until the child is 18.
If he no longer wishes to live in the property then you can apply for the right to return there and live there until your child is 18 - at which point the house will have to be sold and your ex receive his share
Your claim for your gold is a separate matter which can also be dealt with
You have a very strong case - so do not let his bullying stop you pursuing it
Clare

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