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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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Hi, I I just want to find out what is my position, in regard

Customer Question

Hi,
I I just want to find out what is my position, in regard to my house.
I have got a child (4 years old).
we got a house, we was married via islamic law for 8 years we should have had the civil mariage the year after but we did not had time,we had issues for few years, but we did try to make it work, we got married in August (civil).
I cheater on him before that and he find out a day before the mariage I wanted to break up with him but him wanted to make it work he go my family involved so we did got married.
Hi promised me that if any thing happen between us my child and I will keep the house till she old enough then we would have to sell it and slip the money 50/50.
could you please tell me what is my position
Submitted: 2 years ago.
Category: Family Law
Expert:  Nicola-mod replied 2 years ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Expert:  Nicola-mod replied 2 years ago.
Hello,
I apologise as we have not yet been able to find a Professional to assist you. Do you wish for me to continue to search for someone to assist you or would you like for us to close your question at this time?
Thank you for your patience,
Nicola
Expert:  Nicola-mod replied 2 years ago.
Hello,
Please understand it is rare for us not to be able to find the right Professional to assist our customers. We can close this question and return your good faith deposit to the original funding source on request.
Please let me know how you wish to proceed and again I apologize for any inconvenience this may have caused.
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Nicola
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.

Hi,

There is no mortgage on the house, I will say the the house is worth around 300k. we got a car, couple of credit card, he is earning around 38k per year, I stop working to look after our child, I am a student.

Expert:  Clare replied 2 years ago.
Hi
How much would a cheaper two bedroom property in the same general area cost to buy?
Clare
Customer: replied 2 years ago.

220k plus

Expert:  Clare replied 2 years ago.
Hi
Do either of you have any other assets?
Clare
Customer: replied 2 years ago.

No

Expert:  Clare replied 2 years ago.
Hi
Although you have only been married a few months when it comes to a divorce the Court will count all the years that you were together and your financial settlement will be base don the fact that yours was a medium length relationship and there is a small child involved.
There are two possible options.
You remain in the current property until you cohabit or your child is 18 at which point the property is sold and the equity divided either equally between you or on a 60/40 split in your favour
In the mean time your ex pays Child Maintenance - and spouse maintenance whilst you retrain.
Alternatively the house is sold and your receive a lump sum of £220,000 to rehouse yourself and the child - and you receive Child Maintenance bit no spouse maintenance.
You shoudl offer to discuss matters with your husband using Family Mediation (www.familymediationehlpline.co.uk)
I hope that this is of assistance - please ask if you need further details
Clare