How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33953
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
13262538
Type Your Family Law Question Here...
Clare is online now

I was in a refuge with my daughter a few years back due to

Resolved Question:

I was in a refuge with my daughter a few years back due to violent relationship I was in . I am on antidepressants from the day I lived in the refuge .Two years back I have moved in into the house which belongs to me and my ex. He had moved out a broad and I haven't seen him got those two years . I got married recently just two weeks ago and my ex somehow find out about it maybe through my daughter . Apparently he is coming back and he will be a quite often at the address I live at the moment.
I was mentally and psychically abused by him. I just don't want him to come in to the house when he wants to and bother me and start to mentally abuse me again. Please could you tell me what I can't do to keep him away.
One thing more he hasn't been paying child maintenance for more than a year. Can I do something with this as well. He left as well depts on a council tax on this house as well on the house bills .
Please could you help me ?. I don't want my health to go down the hill and him destroying me again.
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 os outstanding on the mortgage?
How old is your daughter?
What income does your ex have?
Clare
Customer: replied 3 years ago.
The outstanding mortgage is 195 k and I pay only interests because it's not worth to pay anything else. It is not worth it to sell it because recently underpinning took place so that automatically deductes the price from the house . Maybe it is worth it 210k. He doesn't leave in this country he left England 3 years ago and he leaves in Poland with his second wife .
He supposed to pay me £180 child maintenance which was decided by polish court 2 years ago . We have been divorced 4 years.
He left loads of depts for council tax , mortgage which I had to pay when I moved in with my daughter , council tax for 2 k and water bills not paid , and some depts in the bank as well.
He txt me recently saying that he is coming to next week and he wants to stay in "his"house because he has business to do . I recently got married and we staying in the house . Can he just come in to the house whenever he wants to even though we are divorced?. Can I stop him somehow at the border for entering England ?. Or maybe it's is possible to take him off the mortgage due to him not paying it at all and lack of any money towards our daughter. I scared of him too , he is a violent guy is it possible to get some kind of support from the police?. I txt him saying I don't want j to bother me
And if he wants he can get contact with me through his lawyer, but I don't think he will do that , I really think he will just turn up at my doorsteps .
Expert:  Clare replied 3 years ago.
Hi
What income do you and your current husband have?
Clare
Customer: replied 3 years ago.
I don't know his income and he wouldn't tell me . I have £1600 a month
Expert:  Clare replied 3 years ago.
Hi
I am sorry - you do not know how much your new husband earns?
Can you ask him?
Clare
Customer: replied 3 years ago.
Oh my New husband , sorry I thought you meant my ex husband . He earns 30k a year.
Expert:  Clare replied 3 years ago.
Hi
Can you raise a mortgage and buy your ex out of the property?
Clare
Customer: replied 3 years ago.
What you mean by raising mortgage ?. I don't think he will go for buying him out. What about him entering the property where I live ? Can he just enter it?.
What is the best solution for what I said in my first email.
Expert:  Clare replied 3 years ago.
HI
I assume you do not wish to sell the property and move?
Clare
Customer: replied 3 years ago.

I can't sell it because we won't get any profit at this time.

Expert:  Clare replied 3 years ago.
HI
The figures you give suggest an equity of £10,000 - is that not correct?
Clare
Customer: replied 3 years ago.
Roughly , yes because the house has gone underpinning recently which knock off from the price around 20k.
Please could you let me know if he can just enter the property even when we are divorced ? I am scared what he could do if he really turn up aty doorstep
Expert:  Clare replied 3 years ago.
Hi
I am sorry but as a joint owner of the property he is entitled to return to the property whenever he wishes.
If he is violent when he comes then you can obtain an Order excluding him.
Your only other option is to obtain an order allowing you to remain in the property without him by making an application under Schedule 1 of the Children Act.
However the fact that you have remarried make sit less likely that the court will allow this - on the grounds that you could sell the property and purchase an alternative home.
It seems likely that his major aim is to cause you distress and on that basis a robust approach to the threat would be the best way forward.
This should include investigating whether or not you and your current husband can raise a mortgage to release your ex and have the house transferred into your name - which would mean he was no longer entitled to return to the property
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 3 years ago.

Who I suppose to contact regards XXXXX XXXXX mortgage?

Expert:  Clare replied 3 years ago.
Hi
You should approach a local mortgage adviser
Clare
Customer: replied 3 years ago.

Is it possible to report him for not paying child maintenance so when he cross the border they would know and maybe they could stop him at the border

Expert:  Clare replied 3 years ago.
Hi
Do you have a court order for maintenance?
Clare
Customer: replied 3 years ago.

Yes , from Poland .He should pay £180 a month what he doesn't do .

Expert:  Clare replied 3 years ago.
Hi
Then you have to apply to enforce the Order in Poland since that is where he works
Clare
Customer: replied 3 years ago.

yes, but can I notify child maintenance in London because his daughter lives here ?. are they gonna be able to help anyway?

Expert:  Clare replied 3 years ago.
Hi
No i am afraid there is no help that you can get in the Uk as he has no income here.
If he was working here then you could apply to enforce the Order here - but since he is not there is no point in doing so
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33953
Experience: I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
Clare and other Family Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Kasare

    Kasare

    Solicitor

    Satisfied Customers:

    204
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
< Previous | Next >
  • http://ww2.justanswer.co.uk/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    204
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.co.uk/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Solicitor

    Satisfied Customers:

    164
    UK solicitor
  • http://ww2.justanswer.co.uk/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Solicitor

    Satisfied Customers:

    7
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.co.uk/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    340
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.co.uk/uploads/GL/Glossolicitor/2013-5-14_214834_TWMParkinsonWright.64x64.jpg Glos solicitor's Avatar

    Glos solicitor

    Family Solicitor

    Satisfied Customers:

    2
    10 years experience in all areas of family law, now specialising in cases involving social services and children
  • http://ww2.justanswer.co.uk/uploads/CL/clairep80/2013-8-25_191218_dreamstimexs267279822nd.64x64.jpg Clare's Avatar

    Clare

    Family Solicitor

    Satisfied Customers:

    4742
    I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
  • http://ww2.justanswer.co.uk/uploads/HH/hhlaw/2015-12-8_22495_unnamedlanczosbicubic.64x64.jpg Harris's Avatar

    Harris

    Family Law Expert

    Satisfied Customers:

    1351
    Family Law - Specialist in Divorce, Financial Relief and Children Matters