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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33312
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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I would like some advice regarding a separation. I am in the

Customer Question

I would like some advice regarding a separation. I am in the early stages of separation from my husband. We currently live together but one of us will need to move out. The house and mortgage is in his name as I only work part time to look after our daughter. I have been advised not to willingly move out of the home as this will have an impact on any entitlement I may have on the house. Is this correct? Am I entitled to anything with the house even though I am not the owner.
Thank you in advance for your help
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 long have you lived together and how old is your daughter?
How much is the house worth and how much is outstanding on the mortgage?
What other assets are there and what income do you each have?
Clare
Customer: replied 2 years ago.

Hi Clare

We have lived together for 8 ears in total but were renting a different property before moving into this property in February 2014.

Our daughter is 22 months old.

The house was bought for £178,000 in February this year with a 20% deposit so this is around £150,000 remaining on the mortgage.

There are no other assets. I earn £20,000 a year, part-time and my husband earns a basic of £35,000 but also earns commission taking him up to about £45,000+ a year.

Expert:  Clare replied 2 years ago.
Hi
Why was the house purchased in his sole name?
Where did the deposit come from?
Clare
Customer: replied 2 years ago.

The house is solely in his name as we could get a larger mortgage with just his earnings.

The deposit came as a gift from my parents.

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

It would cost about the same if not more as we got the property for quite cheap. The average cost of a 2 bedroom in £200,000

Expert:  Clare replied 2 years ago.
Hi
Could you afford to remain in the property without your ex?
Clare
Customer: replied 2 years ago.

Hi, I do not think I would be able to afford the mortgage repayments as well as the insurances and bills.

Expert:  Clare replied 2 years ago.
Hi
Not even with your ex paying 12% of his gross income as child maintenance?
Clare
Customer: replied 2 years ago.

No I don't think so as I only clear around £1000pcm and the mortgage alone is £870pcm.

Expert:  Clare replied 2 years ago.
Hi
The fact that the property is held in his sole name makes no difference to the financial position so far as the Family Courts are concerned
The starting point for the family court is the safe and secure housing of the child - so you remaining in the property until you cohabit or the child is 18 would be realistic IF you could manage the mortgage
Since you cannot then a sale of the house to release your share of the equity - or indeed all of it given that it came from your parents - is the likely outcome.
If you move out you do not lose your rights - but it may mean that you lose some of the leverage in persuading your ex to deal with the financial issues.
One option would be to try and discuss matters with him using Family mediation
www.familymediationhelpline.co.uk
I hope that this is of assistance - please ask if you need further details
Clare

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