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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33325
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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My wife and I are separated, but not divorced. We jointly own

Customer Question

My wife and I are separated, but not divorced. We jointly own the family home which she is currently living in with our 2 children 10 yrs &12 12 yrs. My wife also has 2 sons from a previous marriage who are bot in their twenties and both currently at university. They are both on the electoral roll as living at our house. Does this mean we need obtain their permission to sell the house?
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.
Does your wife agree that the house should be sold?
Do her sons make any financial contribution to the property?
Clare
Customer: replied 2 years ago.

Unfortunately, my wife does not agree to the sale of the house, as she maintains she needs the five bedrooms (one on the ground floor) for when her boys come home. They do not, and never have, contributed financially to the property.


 


My view is that we have been separated three years and at the moment I am paying the whole of the mortgage together with the rent of a house which is near enough to the family home so that my children have access to me at any time. I feel it is now time I should be able to move on and buy somewhere for myself and in order to do that we now sell the larger house and downsize in order that everyone can move forward.


 


Jon Dawson


 


May I also explain that my mother set this up for me, but it operates under her e-mail address. She tells me it includes a 7-day free trial period and that within that period I may ask 5 more questions. Is it possible to change the e-mail address to my own which is [email protected] The password is p0llyanna.

Expert:  Clare replied 2 years ago.
Hi
How much is the house worth and how much is outstanding on the mortgage?
How much does a three bedroom property in the same general area cost?
Clare
Customer: replied 2 years ago.

House average


Mortgage outstanding £180,000


3 bedroomed property in this area approx £200,000

Expert:  Clare replied 2 years ago.
Hi
Sorry how much is the house worth?
Clare
Customer: replied 2 years ago.

I apologise - it is worth £370,000


 


Jon

Expert:  Clare replied 2 years ago.
Hi
So if the house was sold she would need all the equity to house the younger children - but you would be mortgage free - is this what you wish to achieve?
Clare
Customer: replied 2 years ago.

My initial question was perhaps too simple. What I would like to do is find out what I can expect to receive financially should the house be sold.


 


Our position as as follows:


 


I am self employed. Currently earning £41,000 per annum


 


Lynne (my wife)is employed as a special needs teacher in the early stages of her career. She currently earns £23,000 p.a. plus child benefit £1776 plus child tax credits £3000. I also pay £330 per month child maintenance and £250 towards the mortgage of £600. (Sorry I was netting the figure off when I said earlier I pay the whole of the mortgage, as it is me who actually pays it)


 


I currently rent a house at a cost of £685 per month.


 


Lynne has offered the following: If and when the house is sold she wants to take £9000 to cover her cost of retraining as a teacher. She argues that, when we were family I was supported to retrain as a bookkeeper. In order to enable her to buy a suitable house she needs £120,000 as a deposit and therefore suggests splitting the proceeds 2/3 in her favour (after deducting the £9000).If I agree to this she will agree to sell within 2 years.


 


Lynne feels she is entitled to buy a house whereas she doesn't consider that I should also have that right.


 


I feel the split should be 50:50 but could be persuaded to accept 50:45 if this could be resolved sooner rather than later.


 


Do you think a court would rule that she be allowed to stay in the present house until Raf is 18. (he is 10 at present)


 


 


Is a court likely to agree Lynne should have a greater split than me?


 


If so what is your opinion as to what that ratio should be?


 


Am I liable for Lynne's retraining costs?


 


I trust this has clarified the situation a little. I hope I may look forward to your reply.


 


JON


 

Expert:  Clare replied 2 years ago.
Hi
How was the purchase of the matrimonial home originally funded
Clare
Customer: replied 2 years ago.

Lynne put down a deposit from the sale of her previous home and, we obtained a mortgage which I paid. This was 15 yeas ago. We have moved three times since then. For the majority of that time I have funded the mortgage.


 


JON

Expert:  Clare replied 2 years ago.
Hi
How much was that deposit?
Clare
Customer: replied 2 years ago.

I am sorry, I really can't remember, and I don't know how I can find out. Is it possible you could base your reply on say £10,000 and £30,000


 


I am absolutely certain that over the period of time I have contributed far more than Lynne to the cost of the house. Even she has not suggested her having paid the deposit would affect the outcome. I thought it was common law that our joint assets should be split 50/50. I imagine you are going to tell me I am wrong.


 


Many Thanks


.


Jon

Expert:  Clare replied 2 years ago.
Hi
The priority for the court is the safe and secure housing of your children until they are 18.
Since a sale of the property would give your ex enough to rehouse herself (her elder children are not relevant here) then it is highly unlikely that she will be able to remain in the property until your youngest is 18.
However in the event that a sale is ordered your ex will be granted as much as she needs to rehouse herself - so her affordable mortgage capacity is relevant here.
You would have to wait for your share of the equity until your youngest is 18 - or your ex cohabits
I would expect that the eventual division will be 60/40 in her favour to reflect the fact that she has had the care of the children.
I hope that this is of assistance - please ask if you need further details
Clare

Customer: replied 2 years ago.

Thank you for your advice so far, but I think the questions I need answered are:


 


a. Will Lynne be ordered to sell the house?


 


b. Should she do that, why would she be required to buy her own house if that means I would be unable to?


 


c. If the reason for this is that she is the prime carer is there any reason why I shouldn't go for 50% custody.


 


I did not leave Lynne for 'another woman', I just could not cope with living with her any more. She was the one who introduced her new 'partner' to my children within two weeks! However I imagine that is all irrelevant.


 


Jon


 


 


 


 


 

Expert:  Clare replied 2 years ago.
Hi
a There is a reasonable chance that such an order would be made
b. It is the housing needs of the children that have priority and the most secure housing is that which is owned - so your ex will receive sufficient to purchase a three bedroom property - and you will have to wait for the balance of the funds
c. She is already the primary carer and from what you have said always has been - so frankly any attempt to change that is unlikely to be successful
Her mortgage capability and wether or not she intends to cohabit will effect what she receives
Clare

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