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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34105
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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A woman with a child under 18 who states he wishes to live

Customer Question

A woman with a child under 18 who states he wishes to live with his mother. The property, does this have to be sold and the finances divided, or has the mother a legal right to hold off the sale of the property until the child reaches 18?
Thank you
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 one the mortgage?
What other assets are there and how old is the child?
Clare
Customer: replied 3 years ago.
The son is 16 as far as I know, the property is in the market for 600000, I do not know the mortgage situation, although I believe it to be a joint mortgage. The estranged husband wants to buy the property from his ex wife, and for her to move. She does not want to do this, it is a small village and she wishes to remain here, but there are no properties for sale in her price range, which I believe to be 400000 or so.
I was under the impression that as far as the best interests of the child that there was a legal proviso allowing her to stay put until the son is 18yrs. It is this area of the law I wish to have clarified.
Expert:  Clare replied 3 years ago.
Hi
Is there property available in her price range within the School Catchment Area?
Clare
Customer: replied 3 years ago.
Quite possibly, in a much larger village, but it would mean the son would not be in contact with friends in this village where he attends after school activities, aNd in the adjoining village where there is a tennis club. There is no transport through the village after 6.30pm
Expert:  Clare replied 3 years ago.
Hi
I am afraid that of the house could be sold and sufficient funds be released so that the child can be safely rehoused within the school catchment area then the court will order the sale I am afraid
I am sorry not to give better news
Please ask if you need further details
Clare
Clare and 2 other Family Law Specialists are ready to help you
Customer: replied 3 years ago.
Thznk you
Expert:  Clare replied 3 years ago.
Hi
You are most welcome - I hope all goes well
Clare

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