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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34589
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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Hello I am currently going through a divorce. Second marriage,

Resolved Question:

Hello
I am currently going through a divorce. Second marriage, my wife has two children of her own (As do I), who she receieves maintenance off her ex for. We have a property together with about £130,000 equity in it. I need to have my name removed from the property so i can purchase a property for myself when my children stay with me. What are my options please.
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?
How long have you lived together and how old are the children?
What other assets and debts are there and what income do you each have?
Clare
Customer: replied 3 years ago.

Hi

House is worth approx £265,000

£130,000 outstanding.

We living together in the house for about 17 months.

Her children our 17 and 11.

Mine our 13 and 10.

She has a second property in Egypt. No Debts.

She earns approx £26,0000 , I earn approx £34,0000. I pay £300 per month to my first wife in child maintenance. Thanks

Expert:  Clare replied 3 years ago.
Hi
Where were she and the children living prior to moving in with you?
How much does a three bedroom in the same school area cost to buy?
Clare
Customer: replied 3 years ago.

living in a 3 bed semi, we bought a 4 bed together.

3 bed cost about £135000-£150,000.

I need accomadation for my children to.

Expert:  Clare replied 3 years ago.
Hi
How was the purchase of your new home funded?
Clare
Customer: replied 3 years ago.

from the sale of her house.

Expert:  Clare replied 3 years ago.
Hi
What contribution have you made?
Clare
Customer: replied 3 years ago.

mortgage payments.

I dont want anything out of it just want a clean break with my name removed.

Expert:  Clare replied 3 years ago.
Hi
Have you asked her to obtain your release from the mortgage?
Clare
Customer: replied 3 years ago.

no I havent till divorce has gone through to be honest. Im just trying to cover the angles. What if she refuses? What are my options then?

Can I force her to sell? Even If i dont want any eqquity? She could but a house outright with the equity.

Expert:  Clare replied 3 years ago.
Hi
The fact that she could actually purchase an alternative property with the equity means that yes the Court would Order a sale of the property to ensure that you can be released from the mortgage
You should try and discuss matters with your ex using Family mediation (www.familymediationhelpline.co.uk) - you could ask for a small lump sum - you would certainly be entitled to it.
However if that fails then within the divorce proceedings you can apply for the financial issues to be dealt with - and ask the court to order the sale
I hope that this is of assistance - please ask if you need further details
Clare
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