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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33291
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 and my wife have been separated for just over 7 months.

Customer Question

Hi

I and my wife have been separated for just over 7 months. She is currently living in a womens refuge. We have a home (property) which is in both our names. She has contacted me through her solicitors asking me to vacate the house so that she can come back to the house with our two children (18 year old boy and 12 year old daughter). My daughter is autistic.

I have recently had a major heart surgery and am still recovering from it. I also suffer from depression.

The mortgage payments have been going from her account for some years now.

I would like to stay in the house. Can you advice.

Thanks

Adil
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 income do you each have?
When exactly was your operation?
Clare
Customer: replied 2 years ago.

The house is worth 145000, outstanding n- 103000.

 

My income is 29k a year.

Her income is 400 pounds a month but recieves 1400 pounds on top from tax credits and also recieves

disability of 300 pounds for my daughter.

my operation was on 9th sep 2013.

Customer: replied 2 years ago.

The house is worth 145000, outstanding n- 103000.


 


My income is 29k a year.


Her income is 400 pounds a month but recieves 1400 pounds on top from tax credits and also recieves


disability of 300 pounds for my daughter.


my operation was on 9th sep 2013.

Expert:  Clare replied 2 years ago.
Hi
Have you returned to work yet?
Clare
Customer: replied 2 years ago.

Yes...returned to work on 4 Nov 2013


 


Adil

Expert:  Clare replied 2 years ago.
Hi
May I ask where you would suggest your wife and child live if you remain in the house?
Clare
Customer: replied 2 years ago.

my wife wanted to rent but changed her mind. i want to buy another property but cant because of existing mortgage. can i force sale. i dont want her to get the property i worked so hard for. i am teaching at the momen, so excuse me for delayed responses

Expert:  Clare replied 2 years ago.
Hi
What other assets and debts are there
Clare
Customer: replied 2 years ago.

No assets. i have 15000 debt in my name and 5000 student loan. Altogather 20k.

Customer: replied 2 years ago.

what r my options?

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

no...not paying child maintenance

Customer: replied 2 years ago.

My wifes solicitors are threatening to get a non molestation order and occupation order together with an application to the legal aid agency to get funding to pursue such an application.


 


what are my options??

Expert:  Clare replied 2 years ago.
Hi
Would you be willing to agree to the sale of the property?
clare
Customer: replied 2 years ago.

yes

Customer: replied 2 years ago.

can i sell the property even if my wife does not agree.

Expert:  Clare replied 2 years ago.
Hi
i am sorry but I do not have good news for you
If this matter goes to court the priority will be the safe and secure housing of the child until the child is 18
There is no basis on which the family court will allow you to remain in the property
The best option you could hope for is the Court Ordering a sale of the property and your ex receiving the bulk of the proceeds of sale to allow her to rehouse herself and your daughter.
You will also have to start paying maintenance at 12% of your gross income
If you wish to avoid the risk of a costs order being made against you because of your conduct of the matter - your refusal to leave the property - then you should arrange a date for you to move out and into your own rented accommodation
When your daughter is 18 you can expect the property to be sold and the equity divided 60/40 in your ex's favour
I am sorry not to give you better news
Clare

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