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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34581
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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dear sir, i have lived in this house for 30 years,i got a joint

Resolved Question:

dear sir, i have lived in this house for 30 years,i got a joint morgage with my husband about 6 years ago , since then i have been dealing with cancer and have had 9 operations through it, i have a lot medical issues due to this i have sever nerve damage.an underactvie thyriod,lymphodema ,macular degeneration in my eye,am on a lot of medication and am on disability tax credits cos i can only do limited work.my husband has left the house and now lives with his first wife ,he still has the keys to this house and walks in anytime he likes , he has kicked the door in twice as i am atraid on my owe and had the double lock on and forgot to taake it off when i came down stairs. he will not allow me to even go in the bedroom he was in before we slpit up and threatens me and i know he will carry out his threats so i cannot even clean it most of his things are still hear even though he moved out on the 24 august 2013 . he says that he will make me sell the house as he puts it he wants ro laugh when im on the street(his words) can you please give me any advice cos i have been told that i cannot get leagal aide 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 on the mortgage?
How long have you lived together?
What other assets and debts are there and what income do you each have?
Clare
Customer: replied 3 years ago.

hi i am joan , house is worth about 58.000 we owe just over 40.000 . i have lived here for 30 year it was a council house that i was on rent we bought it 6years ago . my husband has moved in with his first wife and is on ESA dole .i work 20 hours a week because with everything i have wrong with me that is all i can do am also getting disability part of tax credits . no other assets my husband has old cars and bikes but dont know how much they are but not much i owe money on two loans which because of me getting cancer owe on them . if you need more pllease let me know and thank you clare

Customer: replied 3 years ago.

hope you got all that can u let me know cos if not will send it again thank you

Customer: replied 3 years ago.

we were together 15 years . i lived hear on my own before that as a single parent it was my council house alone untill he talked me into buying it it was my discount that made it so we could buy it .

Expert:  Clare replied 3 years ago.
Hi
How much was the discount and who is currently paying the mortgage?
Clare
Customer: replied 3 years ago.

discount was 50% paying hale each at min but that will change to just me soon thank you

Customer: replied 3 years ago.

i am very sorry about not answering sooner but my dad passed away and has been a bit crazy sorry

Customer: replied 3 years ago.

will check in again at 4 today if u need any more infoand thank you for your time . joan

Expert:  Clare replied 3 years ago.
Hi
I am so very sorry for your loss
Just for clarity (and I suspect I know the answer) you could not raise say £5,000?
Clare
Customer: replied 3 years ago.

thank you . and no i could not get the cash , i have tried but none off my family has any and i cannot get a loan .

Customer: replied 3 years ago.

hi clare have got to go out will be online again later than you for you time am very greatefull and no matter what the news is will give you top feedback and thank you again . if you need any more info from me just ask

Expert:  Clare replied 3 years ago.
Hi
Just to check - how old are you?
Clare
Customer: replied 3 years ago.

hi clare i am 52 years old

Expert:  Clare replied 3 years ago.
Hi
What is your ex's housing position ?
Clare
Customer: replied 3 years ago.

hi clare he now lives with his first ex wife ,he movedout on the 24th of august last year .and moved into her house , about 5 mins from me

Expert:  Clare replied 3 years ago.
Hi
is that owned or rented?
Clare
Customer: replied 3 years ago.

hi clare , yes she owns it with her ex-husband he left the house and as far as i know he hasnt been seen for a while,she works full time has a really well paid job

Customer: replied 3 years ago.

hi clare, have to go out will check back in after 6 tonight incase you need any more info thank you for your time .

Expert:  Clare replied 3 years ago.
Hi
Your ex has a clear financial claim on the property.
Although the starting point is 50/50 the fact that there is little equity in the property and that you brought a substantial discount means that it is likely that the court would award you a larger share
However due to your illness your housing needs will be a priority and unless your ex can show that you will be safely rehoused it is highly unlikely that the court will order a sale
There is no reason for you not to enter the bedroom that he was sleeping in - to clean it and pack up his belongings and use it as you wish.
He does have the right as a joint owner to enter the property - but if he abuses this by threatening you with violence then you can get an Order excluding him
Since I am certain that his bullying has caused you substantial mental health issues you may still be eligible for Legal Aid
I hope that this is of assistance - please ask i y ou need further details
Clare
Clare and other Family Law Specialists are ready to help you
Customer: replied 3 years ago.

dear clare, thank you so much for your time and your help i feel a lot better knowing this you have been so much help and will look into leagal aid side , i will take this with me to citizen advice and now i know this will be able to show them on my tabletwhat you have said . again i wish to thank you and will be recomending you to any one that has a problem . yours sincerly joan