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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33810
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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I own a house with my husband and we are thinking of splitting

Resolved Question:

I own a house with my husband and we are thinking of splitting up. I have a three year old daughter. What rights do I have to remain in the house and my husband leave until the house is sold? We split the bills 50/50 however I will keep my daughter with me. I wondered if legally I would have more right to remain in the house as I have my daughter with me? If so how could I enforce that my husband had to leave?

I also have a credit card and loan in my name only. When our house is sold does my husband have to pay anything towards these debits? They are in my name however he contributed to racking up this debit.

Many thanks
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.
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?
Clare
Customer: replied 2 years ago.
Thanks Clare
Our house is worth £310k and we have £210k left to pay.
We have £25k loan and £12k on a credit card.
No other assets really
Many thanks
Lindsay
Expert:  Clare replied 2 years ago.
Hi
How much do you each earn?
Clare
Customer: replied 2 years ago.
Apologies Clare

I earn £45k per annum plus commission. My earnings for the last financial year prior to tax were £67,000.
My husband earns £23,500 per annum. Plus possible £5k annual bonus however this isn't guaranteed.
Many thanks
Lindsay
Expert:  Clare replied 2 years ago.
Hi
Can you afford to pay all the bills if he is only paying 12% of his income (at most) as child maintenance?
Clare
Customer: replied 2 years ago.
Yes I could at a push. If I couldn't would that mean he would have to stay in the house with me until it was sold? I should be able to though. Thanks
Expert:  Clare replied 2 years ago.
Hi
Do not worry - this is still about exploring options!
How much would a two bedroom property in the same school area cost to buy?
Clare
Customer: replied 2 years ago.
Approx £250-£275k. Thanks
Expert:  Clare replied 2 years ago.
Hi
What is your mortgage capacity (roughly and affordably)?
Clare
Customer: replied 2 years ago.
£1500. Are you able to advise at this stage if I have any legal right over my husband to remain in the house till we sell the property, due to me having a young daughter? I'm keen to know from a legal view if this can be enforced or if as we share everything 50/50 he can refuse to leave? Many thanks
Expert:  Clare replied 2 years ago.
Hi
The priority for the Family Court is the safe and secure housing of the child until the child is 18
If the sale of the house would not leave you with enough money to rehouse the child then the Court is likely to Order that you should remain there until your daughter is 18 or you cohabit.
Your problem is that if the current home was sold and you received all the proceeds of sale you could afford to purchase another property - and whilst he would not get any cash until the child is 18 he would be mortgage free
On that basis there is a chance of the court ordering a sale I am afraid - not a certainty - but a chance
So far as what the split of the equity would be - either now or later -the debts would be taken into account and the balance is likely to be divided 60/40 in your favour - although this is only a rough guide.
I hope that this is of assistance - please ask if you need further details
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33810
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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