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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34106
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 and I have split up because he hit me where do I

Resolved Question:

my husband and I have split up because he hit me where do I stand regarding the family home I am staying in it with my grandchildren from my first husband who died and have residence orders for them Joe 16 and Alicia 8 Alicia has known no one else as granddad exept my husband now who has treated her as his granddaughter since birth, he wants us to get out of the property so he can sell it we both own it but I will have a problem finding somewhere else to live with the money for the sale not enough to by another house. do I have any rights to stay here with my grandchildren and does he have any obligations towards my granddaughter
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 contact do you each have
Clare
Customer: replied 3 years ago.


the house is worth about £178,00 we also own a house that is rented to my son worth £130,00 there is a mortgage of £90,00 my son will be moving out soon and that house will be sold to pay off mortgage we both have personal loans no other depts. do you mean with each other if so none because he punched me in the face and then lied to everyone saying he didn't also he has not seen my granddaughter since but all this happened on the 16th of feb, he has been to the house taking stuff out but the police were here he even took all the meat out of the freezer

 

also I am disabled I suffer with fibromylagia angina and COPD

Expert:  Clare replied 3 years ago.
Hi
My apologies - it is what INCOME do you both have that I should have typed!
What capital did you each bring to the marriage and how long did you live together?
Clare
Customer: replied 3 years ago.

The house was his he brought it thirty years ago with his first wife for nine thousand pounds when I married him in 2005 I posted for the extension cost around thirty thousand. We now own the house fifty fifty as I think it's called tenents in law or some thing like that so in the event of ether of dying each half would go to our first family.he took early retirement at sixty and has a work pension last June he was 65 and got his state pension and up until he hit me work part time as a second carer for the person I care for. Myself I am also 65 and I am a home carer for a lady I have looked after since she was 16 she has down syndrome and is now 46. my income from that is £1,100 a month I also have my state pension of £375 a month and tax credits for the children. not sure of how much his is as he was always very secretive about it, the arrangement was he paid the gas electric and and I paid for everything else. we both paid the mortgage.

Expert:  Clare replied 3 years ago.
Hi
How much does a two bedroom property in the same general area cost to buy?
Clare
Customer: replied 3 years ago.


a two bedroom is no good to me as I have my two grandchildren and Lesley who I care for but I think around 97 thousand

Expert:  Clare replied 3 years ago.
Hi
My apologies - how much does a three bedroomed property cost?
Clare
Customer: replied 3 years ago.


the one down the road same as this but without the extension is 170,000


 

Expert:  Clare replied 3 years ago.
Hi
How much would a one bedroom property cost?
Clare
Customer: replied 3 years ago.


between 82,000and 85,000

Expert:  Clare replied 3 years ago.
Hi
Would the house that is being sold suit you?
Is it a Joint residence order or is it held in just your name?
What income do you each have?
Clare
Customer: replied 3 years ago.


hi. no the house is only a small two bed starter home I gave you my income from my employment £1,100 a month, tax credit £1000 a month, pension £375 , he gets a pension from work and his government retirement pension but I am not sure how much they are for, he also has isas in his name and I don't know how much are in them I have £2000 in my savings account

Expert:  Clare replied 3 years ago.
Hi
Would that house be suitable for your husband?
is he also name don the Residence Order?
Clare
Customer: replied 3 years ago.


no it is on a interest only mortgage and only 3 years left on it as we only brought it to help my son out and both to old for repayment mortgage we could afford. no only my name on residence orders

Expert:  Clare replied 3 years ago.
Hi
I understand the mortgage problem - but could your ex live there?
Clare
Customer: replied 3 years ago.


no he wouldn't it is in Eye Suffolk about 60 miles from here and he has always lived in Harwich and he dose not want to be nice to me at all, he just wants us out and then sell asap, not interested what happens to me or children

Expert:  Clare replied 3 years ago.
Hi
His co-operation isn't the issue - but the distance makes it unlikely that a court would order it.
have you looked for any Shared ownership schemes in the area?
Clare
Customer: replied 3 years ago.


no not yet what is that

Expert:  Clare replied 3 years ago.
Hi
https://www.gov.uk/affordable-home-ownership-schemes/shared-ownership-schemes
Clare
Customer: replied 3 years ago.


thank you I will look that up but how long will it take him to get me out and can he force me to leave.

Expert:  Clare replied 3 years ago.
Hi
You have an absolute right to remain in the Matrimonial home so long as you are married
If he wishes to sell the property he will need to apply to the court for an Order allowing him to do so
It is more difficult to assess how the matrimonial assets will be divided between you
The starting point is 50/50 - but the court has the power to depart form this if they consider it just to do so
My concern is whether the court will depart much from this
The needs of your grand children will be considered by the court - BUT they are not the responsibility of your husband - and the lady you care for certainly is not.
However on balance I am hopeful that no sale would be ordered for the first two years - until your grandson is 18
At that point you could in fact manage with a two bedroom property in terms of the circumstances that the Court will take account of
Your husband may in fact have to pay child maintenance - but it can only be awarded through the courts since he is not the biological father
This can only be the roughest of guides
Please ask if you need further details
Clare
Customer: replied 3 years ago.

has my husband the right to come back and live in the house as I am now afraid of him. I know he only hit me the once but I was physicality abused as a child an this has brought back memories an made me afraid of everything again, also when he comes to pick things up he always bring his son and daughter and it is very intimidating to me

Expert:  Clare replied 3 years ago.
Hi
Yes he is entitled to return unless you obtain an Order excluding him for violence
Clare
Customer: replied 3 years ago.


rate to finish does not work but excellent service thankyou

Expert:  Clare replied 3 years ago.
Hi
Thank you i hope all goes well
Clare
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