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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33954
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 and myself are separated. Our house is on the

Resolved Question:

My husband and myself are separated. Our house is on the market and under offer. I have been the sole breadwinner more or less over the last ten years since owning the house and have paid all of the mortgage payments. The house was bought in my husband's name with deposit from the sale of a flat in my name. My name is ***** ***** on the mortgage. My question is does the proceeds from the house sale have to be split 50/50...this doesnt seem fair as my husband has not done much to keep the house going. We also have two children who will be living with myself. My husband has moved out and I don't think he will be contributing to paying the mortgage...nothing changed there..he never has...is there something I can do....the house has to be sold as the mortgage is in arrears and there is a possession order suspended on the house. I am now self employed and can bearly afford the mortgage payments by myself.

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?
How long have you lived together and how old are the children?
Clare
Customer: replied 2 years ago.
Hi Clare
House is under offer at 170,000 mortgage o/s is roughly 128,000. We have been together 20 years, married for 10. Ours sons are 16 and 2
Maria
Expert:  Clare replied 2 years ago.
Hi
How much does your husband earn?
Clare
Customer: replied 2 years ago.

He was self employed for majority of ten years earning roughly 150 per week...now he earns 250 per week

Expert:  Clare replied 2 years ago.
Hi
Where will you and the children live after the sale
Are you sure that you cannot afford to stay there - using Tax credits and child maintenance form your ex?
Clare
Customer: replied 2 years ago.
Not sure but I'm maybe looking to go into rented or shared ownership...boys will live with me...we've agreed this. No mortgage is too high even with tax credits and any maintenance and my income is too unpredictable..would prefer something much more manageable.
Expert:  Clare replied 2 years ago.
Hi
That is fair enough!
What housing options are you looking at after the sale completes?
Clare
Customer: replied 2 years ago.

Already answered this

Expert:  Clare replied 2 years ago.
Hi
My apologies - a longer day in court than i expected yesterday had me going around in circles.
What I meant to say was how much would you need to make the shared ownership option feasible
Clare
Customer: replied 2 years ago.
Around 5000 with deposit and fees etc
Expert:  Clare replied 2 years ago.
Hi
Do either of you have private pension provision - and are there any other assets?
Clare
Customer: replied 2 years ago.

No

Expert:  Clare replied 2 years ago.
Hi
Within the financial side of divorce proceedings the Family Court has wide powers to redistribute the matrimonial assets in any way that they think fit
The priority for the court is the safe and secure housing of the children until they are 18
Had you been able to stay in the property you could have done so.
If more than 50% of the equity will ensure that you are able to purchase a shared ownership property then you will be awarded enough to do so
In any event a 60/40 split (or even better) in your favour is likely to reflect the fact that you have the care of the children
You can try and negotiate with your ex using Family mediation
www.familymediationhelpline.co.uk
Please ask if you need further details
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33954
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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