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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33807
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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Hi I had an argument with my husband in the last two weeks

Resolved Question:

Hi I had an argument with my husband in the last two weeks and he's talked about divorce. now this morning an estate agent turned at our house to value our mortgaged. this was without my knowledge. although the mortgage is joint, he has been making the payments from his bank account and I have been paying childcare from now. now he sent me an email last Thursday telling me to set up a Direct debit from my account and I refused in our argumentative state. obviously I wasn't aware that he had already sought legal advice and I said no, based on our current arrangement. now what are my rights as we have a 2 year old.
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 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?
Clare
Customer: replied 3 years ago.

hi,


 


we bought the house in July for £352,500 , I don't even know how much is outstanding now because he always handles the finances. We paid 35,200 deposit, and have made an overpayment for 8000. and monthly payments of 1800 a month since July 2013. again all these are rough figures as he's handled all financial issues.


 


houses in this area are now worth about 450 000.


 


he earns 475 a day as a contractor and I earn 40,000 annual salary. childcare is 800 a month.


 


we owe 1500 for beds and 3600 for wardrobes, so 5100 in debts,.


 


the only assets we owe are a car about 4000 and a house in Zimbabwe which may be worth usd 40,000 which is about £35,000. again this is in his sole name although we bought it during the course of our marriage. we have a housing stand in Zimbabwe worth £5000.

Expert:  Clare replied 3 years ago.
Hi
Which of you does the child care when at home?
Clare
Customer: replied 3 years ago.
Hi, I do the childcare at home. Prepare him and drop him off at the childminder. Cook , do his laundry and play with him. I have someone else pick him up at the childminders due to finishing times
Expert:  Clare replied 3 years ago.
Hi
Is the matrimonial home held in your joint names?
Clare
Customer: replied 3 years ago.
Yes it is
Expert:  Clare replied 3 years ago.
Hi
Your husband cannot sell the property without your agreement or an order from the court.
The priority for the Family Court is the safe and secure housing of the child until the child is 18 - so it is highly unlikely that your ex would be able to force a sale of the property before then unless you cohabit
You need to suggest that you discuss the financial implications of separation and divorce with him using Family mediation (www.familymediationhelpline.co.uk) ao that the financial arrangements can be agreed
I hope that this is of assistance - please ask if you need further details
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33807
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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