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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34236
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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If I leave the family home, which is joint names with my Husband

Resolved Question:

If I leave the family home, which is joint names with my Husband will I be put in diffiuclt situation when we come to sell or he buy's me out?
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.
Are there any children involved?
Clare
Customer: replied 3 years ago.

Yes my step son is living there he is 14.

Expert:  Clare replied 3 years ago.
HI
Will he remain there with his father?
How much is the house worth and how much is outstanding on the mortgage
What other assets and debts are there
Clare
Customer: replied 3 years ago.

Currently he is there with his father we haven't made any definite plans as to whether they intend to stay. My Husband wants me out completely but I am concerend that I will then be in a difficult situation to claim any of the equity / household content etc..

The house worth approx £220,000 with £170,000 left on the mortgage. No other outstanding credit or debts for either of us.

Customer: replied 3 years ago.

Currently he is there with his father we haven't made any definite plans as to whether they intend to stay. My Husband wants me out completely but I am concerend that I will then be in a difficult situation to claim any of the equity / household content etc..

The house worth approx £220,000 with £170,000 left on the mortgage. No other outstanding credit or debts for either of us.

Expert:  Clare replied 3 years ago.
Hi
How was the purchase funded and what income do you each have?
Clare
Customer: replied 3 years ago.

Purchased through a mortgage.

I have an income of £45,000

Husband is currently not working, so no income at this time.

Expert:  Clare replied 3 years ago.
Hi
How much was the deposit and who paid it?
Clare
Customer: replied 3 years ago.

£40,000 - I did.

Expert:  Clare replied 3 years ago.
Hi
How long have you lived together - and are you willing to wait for your share of the capital?
Clare
Customer: replied 3 years ago.

We have lived together for 9 years.

I can if it helps the situation until he is working again.

Expert:  Clare replied 3 years ago.
Hi
Can your ex pay the bills if you move out - including the mortgage?
Clare
Customer: replied 3 years ago.

Not currently. We have discussed me continuing to contribute £500 per month to cover the mortgage and countil tax. Althougth long term I can not continue with that arrangement as I also have a daughter in university who is rather expensive!

Expert:  Clare replied 3 years ago.
Hi
If you vacate the property then you do NOT lose your rights to a share of the equity, but clearly you do lose your leverage so far as forcing an early sale is concerned
In fact your ex could then argue that he shoudl stay in the property until your stepson is 18
Whilst generally you would not have to pay towards the mortgage since you do not live there the fact that you have a good income and he has none makes spouse maintenance a real risk for you
It could be sensible to have a financial agreement in place BEFORE you leave - possibly negotiated using Family mediation (www.familymediationhelpline.co.uk)
Please ask if you need further details
Clare
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