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Ask Clare Your Own Question
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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getting dicorced after 2 years seperation have 2 children,

Customer Question

getting dicorced after 2 years seperation have 2 children, do i have to stay on mortgage?
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?
How old are the children?
Clare
Customer: replied 2 years ago.
Hi Clare,
I'm currently getting hold of the mortgage statement so I know outstanding mortgage. I need to get 3 valuations but I anticipate 265,000.
The children are 4 and 7, assets wise we have a car and caravan, furniture in the house.
Loans wise, no joint loans, I had loans before we met, got in to further debt whilst together in my name which I'm still paying. Some debt in her name which she is paying!
Around 15k was put in to the mortgage and was used to pay of debt in my name!
Hope this helps,
Steve
Expert:  Clare replied 2 years ago.
Hi Steve
How much does a cheaper three bedroom property in the same general area cost to buy?
Clare
Customer: replied 2 years ago.
Hi Clare,
Within a 1/4 if a mile of the postcode 3 bedroom properties are available around £215.000. The current property she is in is actually 2 bedrooms and she has a log cabin in the garden where she runs her own beauty business.
Current outstanding mortgage I can confirm is £227.000
Hope this helps,
Steve
Expert:  Clare replied 2 years ago.
Hi
Best guess on the amount outstanding on the mortgage - and what income do you each have?
Clare
Customer: replied 2 years ago.
My income is £33500 a year, in not 100% sure on hers as she is self employed!
227000 re mortgage
Expert:  Clare replied 2 years ago.
Hi
Just to check - will the children stay with her, and does she have a new partner?
Clare
Customer: replied 2 years ago.
Hi
Yes the children will stay with her, I have then every Friday night and 1 Saturday night a month. She doesn't have anyone living with her.
Thanks,
Steve
Expert:  Clare replied 2 years ago.
Hi
It is not good news I am afraid.
The priority for the court is the safe and secure housing of the children until they are 18.
If the house was sold there would not be sufficient funds for your wife to rehouse herself and the children - and the amount she earns makes it unlikely that your mortgage company will agree to release you.
Accordingly I am afraid that it is likely that you will have yo remain on the mortgage until your youngest child turns 18 or your ex cohabits.
I am sorry not to give better news - please ask if you need further details
Clare
Customer: replied 2 years ago.
Hi Clare,
It's as I expected, when you say cohabits, is there a period of time until I can force a sale or would I not be able to do so?
Thanks
Steve
Expert:  Clare replied 2 years ago.
Hi
Generally the period written into the Order id 6 months
Clare
Customer: replied 2 years ago.
Ok, thanks, ***** ***** rhen force a sale or basically would IT have to go to court and the judge basically say I've still got to provide a house?
Expert:  Clare replied 2 years ago.
Hi
You would have to take the matter back to court - but unless there is a very good reason for her new partner not being financially able to contribute towards alternative accommodation then you will get the Order for sale
Clare
Clare and other Family Law Specialists are ready to help you
Customer: replied 2 years ago.
Hi Clare
I've received my separation petition from court and need to respond.
There is a section that states if you wish to make some financial or property claim on your own account, you will have to make a seperate application. What does this mean please?
Steve
Expert:  Clare replied 2 years ago.
Hi
Do you mean a divorce petition?
Clare
Customer: replied 2 years ago.
Yes that's right
Expert:  Clare replied 2 years ago.
Hi Steve
This is not relevant at this stage - it will only be relevant if no financial agreement can be reached and an application has to made to the court - at which time you will indeed have to make an application in your own right
Clare

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