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Kasare
Kasare, Solicitor
Category: Family Law
Satisfied Customers: 204
Experience:  Solicitor, 10 yrs plus experience in civil litigation, employment and family law
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Hello my husband and I are splitting up but he keeps telling

Customer Question

Hello my husband and I are splitting up but he keeps telling me he is going to have the children (aged 12 and nearly 8). How can I stop him doing this? It was never going to be easy - he won't move out and insists on selling the house. Don't know what to do. Any advice gratefully received. 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?
What other assets and debts are there and what Income do you each have?
Who has the day to day care of the children at the moment?
Clare
Customer: replied 3 years ago.

Hello Clare, I am not sure how much the house is worth we are going to get it valued to ascertain this but I would guess at around £250,000 - we have £106,500 still to pay on the mortgage and are in a financial mess as we have debts of around £53k. I currently earn £39k and my husband earns around £50K. Currently we both look after the children, they are at school (age 12 and 8). I am at a loss to know how to proceed.

Expert:  Clare replied 3 years ago.
Hi
In general terms who gets them up does the washing etc etc?
How much will you need to buy a cheaper three bedroom property in the same school area?
Clare
Customer: replied 3 years ago.
It varies I get my son up for school but because my daughter leaves early to get school bus my husband gets her up. I do most of the washing etc but he does do it sometimes.

I have been looking at possible other cheaper properties but there aren't any in the area. All 3 bed roomed houses are similar price to ours. I have even been looking further afield at shared ownership properties but don't really want to travel 10/15 miles to school each day.
Expert:  Clare replied 3 years ago.
Hi
Are the debts in joint names - and are any secured on the property?
Clare
Customer: replied 3 years ago.


Hello there are no secured debts but all the debts are basically credit cards and over the years (20) there are several taken out in both my name and my husbands.


 


I want as least disruption to the children as possible but my husband insists that we have to sell the house - is that the case?

Expert:  Clare replied 3 years ago.
Hi
Can you afford to remain in the property - and pay all the bills - if all he is paying is £600 a month AT MOST
Clare
Customer: replied 3 years ago.


I am not sure where you have got the £600 from? Both our wages go into the bank. We have one bank account which pays all the bills and another which has any money for shopping/birthday/general bills.


 


I don't kjnow if I could afford to pay for the house and all the bills as well - that is part of my worry.

Expert:  Clare replied 3 years ago.
Hi
That is how much child maintenance you would get - hence the question
Clare
Customer: replied 3 years ago.
I see ok. Thanks. So to go back to my original question can my husband force ably make me sell the house? Thanks.
Expert:  Clare replied 3 years ago.
Hi
Realistically - IF you were on your own with the children - given that level of maintenance could you manage in your current home
This is important in considering what the Court might do
Clare