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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34106
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 left my family home 2.5 years ago with my 2 children and

Resolved Question:

I left my family home 2.5 years ago with my 2 children due to domestic violence, and my husband refuses to leave or sell house. I am just applying for a divorce as we speak. I am due to be evicted in 2 months as the property I rent has been sold. I am struggling to find an affordable home as renting prices have shot up. I cannot go to council as they say I own a house. What can I do?


Both children have just been diagnosed with autism and this will be the third time of moving in such a short time. My husband is totally unreasonable and will fight tooth and nail to stay in that house.

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?
How old are the children?
May I ask why you have waited to file for divorce?
Clare
Customer: replied 3 years ago.

Hi Clare


 


The house is worth about £300,000. The mortgage is £120,000 but my mum has £100k in the property but this is lodged on the deeds as her money and to be repaid on selling of property or her death (she obviously want her money back now). We have a car each and my husband has his own business - gas heating engineer. We have a timeshare which we paid about 40k for but we can't seem to sell which requires about £1000 per year maintenance fees. My car is a PTP finance deal so really that is the only debt either of us have of bout £9k at present. I earn £18,000 a year, my husbands last tax return was about 35K but he does deal alot in cash and probably earns double that.


When I left the house 2.5 years ago, my husband had a violent episode before and ended up being sectioned by the police under the mental health act. Both children were tramatised. Both daughters then had problems at school, the younger one who is now 8 has social problems and learning difficulties and the older one now 15 went into depression and stopped attending school, she is now in a special school. My life has been a constant roll of hospital, school and authority meetings whilst trying to hold down my job which is why I just couldn't deal or afford a divorce. I now feel that I need to do it and have saved some money to pay for it. Thanks for your help


Tanya

Expert:  Clare replied 3 years ago.
Hi
Do you wish to return to the house with the children or simply force the sale?
Clare
Customer: replied 3 years ago.

I don't really want to go back there, so forcing the sale is probably more the issue but then theres not enough equity to provide either of us with a home, this is the question, what would the courts say?


 

Expert:  Clare replied 3 years ago.
Hi
Could you raise a mortgage - if so how much might it cost you to purchase a three bedroom property (possibly using shared ownership)?
Clare
Customer: replied 3 years ago.

I could only raise about £80k according to mortgage experts now and a 3 bed house is in region of £240,000 upwards in this area.

Customer: replied 3 years ago.

Not really because house prices are too high


 

Expert:  Clare replied 3 years ago.
Hi
Has there been any violence since you left?
Clare
Customer: replied 3 years ago.

No there hasn't.

Expert:  Clare replied 3 years ago.
Hi
The first thing to say is that if you wished to move back in with the children then that is what the Court is likely to Order - and they will force your ex to move out if need be
However if instead you would prefer an Order that the house is sold then that too is likely to happen.
If you can show that you need all the capital in order to enable you to purchase an alternative property using a Shared Ownership Scheme then it is likely that that is what the court will order.
So far as your current position is concerned I suggest that you contact the council and explain that you have started the Divorce process and have made the application to the courts for the sale of the property then you should find that they are willing to assist you
You may need to contact Womens Aid for support
I hope that this is of assistance - please ask if you need further details
Clare
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