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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33275
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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I am separating from my husband due to marriage breakdown after

Customer Question

I am separating from my husband due to marriage breakdown after 23years. We have property in both names which has a small amount to pay before it is finished. We have a agreed a 50/50 split on the house and I keep one of the family cars, I don't want anything else , we both have our own pensions. He is going to buy my half off the property , I financially can't afford to do this and he can which I'm happy to do. we live there at the moment with our 17 year old son who is in employment-apprenticeship. I don't know what to do next ...contact the bank about the mortgage , get a solicitor, get mortgage advice for myself to move on and does my husband have to help me financially with the costs of buying another property. He seems to want to move fast and I don't want to be cheated out of what is fair can you advise me please. Is there is free legal advice local to me rm13 9ua
Thank you
Janet
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 other assets are there including pensions?
What income do you each have?
Clare
Customer: replied 2 years ago.

Hi Clare
I have not yet had a valuation but looking at other similar properties in the area it's worth around 250,000. There is 15.000 outstanding on the mortgage and 9.700 on a reserve account to pay when the mortgage is settled. I earn £15.800 plus £4800 medical retirement per year till pension age. I am not sure of my husbands earnings only that he averages £3200 per month and earned over £50,000 last year. He has a pension that is frozen but has been enquiring and may have another one arranged now, I know he has been putting money away in two savings accounts for some time now. Which I think he was doing instead of a pension plan, sorry I am very vaige but he has not been open with finances for some time. I have a NHs pension were I have worked for 5 years full time , i worked full time before and after having my son till he was about 10 months old then was on long term sick and eventually medically retired due to waiting for heart diagnosis and surgery. I then stayed at home till my son was school age and started working part time until he was 12 when I went full time. My husband has always been working in that time. We have two cars worth around £8.000 each. There are no other assets that I know of
Hope this is helpful. I do not want a battle as I am still living in the same house which is very strained and uncomfortable so need a quick settlement for my son sake . Can I leave the family home whilst settlements are being made? I am to believe this is not possible as it is seen as deserting the mortgage/home
Thankyou
Expert:  Clare replied 2 years ago.
Hi
Do you understand that you may well be entitled to more than a 50/50 division
Clare
Customer: replied 2 years ago.

No I didn't. But my son will be living with his dad at the property and will hopefully stay between us when I have moved on so I don't want to cause to much upset. I am worried though if I will have problems with getting a new mortgage to afford a 2 bedroom property due to hereditary heart problem as insurance do not tend to be to happy about it. So I may need a better settlement
Expert:  Clare replied 2 years ago.
Hi
How much will a two bedroom property cost you?
Clare
Customer: replied 2 years ago.

About £140.000 to £170.000 depending on what area.
Expert:  Clare replied 2 years ago.
Hi
has he produced any paperwork at all showing what his savings are?
Clare
Customer: replied 2 years ago.

No up until 3wks ago I had access to his account on my online banking, it was a bank error when we upgraded our joint account about a year ago . For some reason they put his account as joint online. He was very adamant about correcting about 3/4 wks ago and he made an appointment for us to go and sort it as apparently he had been in to the bank to sort it without me and they said he needed me to tell them I agreed to it. I went but printed off last statement in case it was needed . I think there has been something planned for a while and he doesn't want me to see his earnings. He has two separate accounts and even paying money in for some time , what I thought was for his pension.....
Expert:  Clare replied 2 years ago.
Hi
Please do not be pressured into accepting and deal without seeing all the financial details
In fact it would be a good idea to arrange to discuss matters with your ex using Family mediation (www.familymediationhelpline.co.uk) so that there is full disclosure - and if you need extra funds to be rehoused then you need to push for this and not compromise on anything less
In the mean time start looking into your housing options - you will need these for the negotiations anyway
Please ask if you need further details
Clare

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