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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33283
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 there,I finalized my divorce in 2013 and I had won the

Customer Question

Hi there,

I finalized my divorce in 2013 and I had won the family home and to keep the children full time, however due to my eldest wanting to live with dad I reluctantly agreed and let them both move in with him. He then gave me a lump sum of 5k to buy a car and ordered me out of the family home and trying to do my best for the children I left thinking he was goin to move in with them

He has since rented this property out and I have no where to live... Both children now want to return home to me but my ex husband says I have no rights to the family home now, none of this was agreed with a solicitor just kind of pressurized from him. How can I get me and my children back into our home ?

I have offered to pay back the money he gave me and upon sale of the house in the future any payments he has made towards the mortgage since last year he says he will take me to court if I try this and make me pay it back in one lump sum.

I don't know what to do and what my rights are

Please help
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.
Was there a Court Order sealed by the court dealing with matter of the house - if there was what does it say?
How old are the children?
Who now owns the house?
Clare
Customer: replied 2 years ago.
Hi there
There was no court order just agreed by solicitors and the final divorce papers just say that the marital. Home would be mine and I would try and get him of the mortgage as soon as possible
The children are 6 and 5

We are both on the mortgage .
Rach
Expert:  Clare replied 2 years ago.
Hi
When you say the Final Divorce Papers - is this a separate document setting out everything about the finances?
Clare
Customer: replied 2 years ago.
It's written in the divorce settlement. Papers issued by solicitor.... And signed for by both parties.
Expert:  Clare replied 2 years ago.
HI
Is it also sealed by the Court?
Clare
Customer: replied 2 years ago.
Yes it is
Expert:  Clare replied 2 years ago.
Hi
And that states that the house should be transferred to you - but it was never done?
It was also never changed?
How much is the house worth and how much is outstanding on the mortgage?
What contact do you have with the children?
Clare
Customer: replied 2 years ago.
It states that the house is mine and that I have to take him of the mortgage at the earliest possibly time
The mortgage was to remain in both names until. Such a. Date and he has nothing to do with it
Also the children I see at the moment 3 days and 2 nights as this is all he allowss

As stated before the children. Want to live with me
Expert:  Clare replied 2 years ago.
Hi
For clarity - the house is still in joint names and you did not consent to the rental?
Does your ex work and if so what happens to the children then?
Clare
Customer: replied 2 years ago.
Hi Clare
I had nothing to do with the rental As it was taken out of my hands.
Children go to school and then sometimes there with me other times they are with his parents I used to pay for Childcare but he won't let. Them go to a childminder now .

The house is in joint names
Expert:  Clare replied 2 years ago.
Hi
Do you work ?
Clare
Customer: replied 2 years ago.
Once I had children I have up my job and last feb I started full time in order to provide for the kids
Expert:  Clare replied 2 years ago.
Hi
Where are you living at the moment?
Is there room for the children?
Clare
Customer: replied 2 years ago.
I am staying with a friend and the kids have bunk beds in spare room
They share a room at their dads and I'm worried this is no life for them
Expert:  Clare replied 2 years ago.
Hi
Your starting point should be to try and discuss the arrangements for the children with your ex using Family mediation (www.familymediationhelpline.co.uk)
If that fails then you may nee to apply to the court for a Shared Residence Order so that the court can decide how their care should be shared between you
At the same time you need to start the process of enforcing the Order which was made by the court
The Court said that you should have the property and you should write to the tenants informing them that your ex had no right to let the property and that you will be taking steps to obtain possession
It would be sensible for you to instruct a solicitor to deal with this to ensure that the matter goes smoothly
I hope that this is of assistance - please ask if you need further details
Clare

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