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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33806
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 I separated 9 years ago, he left me in the marital

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My husband and I separated 9 years ago, he left me in the marital home with the two children. As time has passed we managed to build a platonic friendship, and we are still business partners. However, he sold his properly just over 18mths ago, and came to stay in the marital home, he sleeps in a separate room. I have broached the subject that it is time for us to move on 'separately' and he hasnt taken it well. I have pointed out he was only supposed to stay in the marital home for a few weeks until he found another property... He claims that now he is there he will not be moving back out. I could have brought him out of the property 9 years ago, the courts would have gone in my favour as I had two small childre at home, but I chose not too. I have ALWAYS paid the mortgage and household bills, ever before we separated, and have continued to do so until present day. Things are now very tense, the 'children' are now 17 and 21 but are still at home. I would like to try and buy him out as soon as i possibly can, or can he force me to sell? How do I stand about requesting that he moves out of the property. I have had to leave and stay with my mother, as things have become far too unbearable
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 property worth and how much is outstanding on the mortgage?
What are the other assets, including the business, worth?
Are you willing to start divorce proceedings now?
Clare
Customer: replied 2 years ago.

property is worth approx £325k with outstanding mortgage of approx £120K. Business isnt really worth anything. Not too fussed about a divorce but will if it helps matters

Expert:  Clare replied 2 years ago.
Hi
How much did he get from the sale of his house?
Clare
Customer: replied 2 years ago.

I think the equity was about £30K which has now been wiped out by a tax bill

Expert:  Clare replied 2 years ago.
Hi
Is the mortgage on the matrimonial home a repayment or an interest only mortgage - if a repayment how much has been paid off the capital?
Clare
Customer: replied 2 years ago.
It's a mixture of both, mainly repayment, the interest only bit is covered (or should be!) by a Scottish widows endowment policy.. Outstanding mortgage is approx £120k, house has just been valued at £385k which I think is over valued, realistically I think it's worth about £350k
Expert:  Clare replied 2 years ago.
Hi
That is fine.
How much capital has been paid off the mortgage by you?
Clare
Customer: replied 2 years ago.

i have always paid all of the mortgage and utility bills

Expert:  Clare replied 2 years ago.
Hi
I am sorry I shoudl have been more precise.
How much has the outstanding capital on the mortgage been reduced through your payments
Clare
Customer: replied 2 years ago.
About £45,000, we purchased the property in 2003
Expert:  Clare replied 2 years ago.
Hi
Whilst it is not fair the fact that you have remained married and remained in the matrimonial home the starting point for division of the equity will be 50/50.
However if the matter came before a Judge I would expect the capital reduction that you have made to be taken into account - so a division somewhere between 60/40 and 70/30
You and your ex need to discuss the figures using Family Mediation
www.familymediationehlpline.org.uk
If no agreement can be reached then you will have to start divorce proceedings and within them apply for the financial issues to be dealt with.
I hope that this is of assistance - please ask if you need further details
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33806
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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