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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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MY SON IS DIVORCING.HE HAS THREE CHILDREN AGED 16 18 20. they

Customer Question

MY SON IS DIVORCING.HE HAS THREE CHILDREN AGED 16 18 20. they all live at home
HE WANTS TO KEEP THE HOUSE AND BUY OUT HIS WIFE. SO THERE IS A HOME FOR HIM AND THE CHILDREN. NOTHING HAS ACTUALLY TAKEN PLACE YET. BUT HIS WIFE IS SAYING THAT SHE IS PUTTING THE HOUSE UP FOR SALE IN THE NEXT FEW DAYS . SHE SAYS SHE CAN DO THIS AND THE IS NOTHING MY SON CAN DO TO STOP IT . AND SHE CAN DO IT WITHOUT HIS SAY SO .THE HOUSE IS ON A JOINTLY OWNED MORTGAGE,,50/50
CAN SHE DO THIS???
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 they each have?
Clare
Customer: replied 2 years ago.

HOUSE VALUE--£200,OOO MORTGAGE---£155,000

NO OTHER ASSETS DEBTS--APPROX---£15000

INCOME SON £47500 pa

HER £42500 pa

Expert:  Clare replied 2 years ago.
Hi
Can your son get his ex released from the mortgage AND pay off her share of the equity?
Clare
Customer: replied 2 years ago.

yes he can--she knows he can . settlement figures mentioned no amount agreed yet.

she is being nasty because a settlement has not been agreed on other debts. yet.

CAN SHE PUT THE HOUSE UP FOR SALE WITHOUT MY SONS CONSENT/AGREEMENT. ALSO IS THE 16YEAROLD CHILDS WELFARE COME INTO IT . IE UNTIL HE IS 18YEARS OF AGE???

Expert:  Clare replied 2 years ago.
Hi
Please tell your son not to worry.
In fact neither of them can sell the property without the agreement of the other - or an Order from the court.
If she does find an estate agent foolish enough to take her instructions and try and market the property your son only needs to point out that he is a joint owner and does not agree to make them go away.
In terms of whether or not the court would order a sale the answer is simple - not if your son can raise the funds to buy his ex out - and even if he cannot do so - not before the youngest child turns 18
I hope that this is of assistance - please ask if you need further details
Clare
Clare and other Family Law Specialists are ready to help you
Customer: replied 2 years ago.

Thank Clare--If NO court order -and house not sold until youngest child is 18

House still in joint ownership for the two years ie16to 18. WHAT IS THE SITUATION REGARDING THE MORTGAGE PAYMENTS. THAT IS , WILL IT STILL BE PAYMENTS 50/50 BY BOTH PARTIES

Expert:  Clare replied 2 years ago.
Hi
Is the mortgage repayment or interest only?
Clare
Customer: replied 2 years ago.

no it,s recently been changed(jan2014) to REPAYMENTMORTGAGE

Expert:  Clare replied 2 years ago.
Hi
I am afraid that if she is not living in the property his ex will not be expected to pay the mortgage at all
However your son can claim credit for any decrease in capital which occurs
Clare
Customer: replied 2 years ago.

Hi Clare

Can i thank you for all the useful information you sent .Ut puts my Son in a much clearer picture of the situation. And even more important it has given him "peace of mind"

Many Thanks

Michael XXXXXXX

Expert:  Clare replied 2 years ago.
Hi
You are most welcome and I hope all goes well
Clare
Customer: replied 2 years ago.

Hi Clare, can you verify my sons position on pensions .He has a private and company pension. She is a Teacher and has a teachers pension. Do they come into or not .My son has had his private pension going since he was 18. she has had her pension going for 5 yrs. but will get more return at Selected Retirement age.

Expert:  Clare replied 2 years ago.
Hi
The values of the pensions will indeed be taken into account and a Pension Sharing Order may be made to balance them
Clare

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