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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34105
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 husband left the marital home in April this year and is

Resolved Question:

My husband left the marital home in April this year and is now asking me to get an estate agent round to value the house. My daughter (17) moved out with him and my son (10) stayed with me. They live in a flat but he still pays just half my mortgate nothing more.
I need to know where I stand and if he can force me to sell and throw me out of the marital home. Both are legal owners of 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.
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.

The house is worth approximately £280,000-£300,000 there is approx £190,000 remaining on the mortgage.

No other assets only contents of the house really, furniture etc.

There are a few debts in joint names, loan/overdraft with previous bank, approx £2,000

My annual income before tax is £46,000

His has changed but I think it's around £35,000

Hope this helps, thankyou

Expert:  Clare replied 2 years ago.
Hi
How much will a cheaper two bedroomed property in the same general area cost to buy, and how much could you borrow on mortgage?
Clare
Customer: replied 2 years ago.

Just as much really, I wanted to avoid moving if I could as my son goes up to senior school next year and I've just made all the applications. I don't think I will be financially better off moving. I'm not sure how much I can borrow on a mortgage, was with Payplan for few years, so I'm not even sure if high street lenders will give me a mortgage?

Expert:  Clare replied 2 years ago.
Hi
It is perfectly reasonable for your ex to get a valuation of the house - it is in both of your interest's to be aware of what the financial position is.
The priority for the family court is the safe and secure housing of the children until they are 18.
If a sale of the house would release enough money so that you can still purchase another property (possibly a shared ownership one) in the same school area then the court is likely to Order a sale since it will release your ex from the mortgage.
However he is still likely to have to wait until your son is 18 or you cohabit to receive his share of the equity
I hope that this is of assistance - please ask if you need further details
Clare
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