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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34106
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 have served a D8 and my husband is not going to contest

Customer Question

Hi, I have served a D8 and my husband is not going to contest it. Left marital home with 3 kids due to violence against one child and emotional abuse on my part. The house is in his name only. We have a flat that's jointly owned. None of us are working. We are both struggling financially (not really sure if I believe him). He wants to release equity from flat of £10k each. I'm in private rented house and I have been paying rent from savings due to problems with claiming JSA and housing benefit. What shall I do about properties and equity release? He wants to sell house and share 50/50 - I don't agree and continue to let flat. I don't get anything from rental - only he does
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 are the properties worth and how much is outstanding on the mortgages?
Clare
Customer: replied 2 years ago.

Hi Clare,

I can only give you approx figures:

Flat £230k - valuation by Yourmove in July 2014. The outstanding mortgage is £119,000.

Its tenanted and ex-local authority (let to agency on 5yr contract - 3 remaining. It would take 6mths to formally evict the tenant) Equity from the flat was used to do an extension on the house in 4yrs ago....cost approx £30k.

House £280 - no recent valuation done, but in the 'Crossrail' area, so prices may rise. I have been told is approx £100k outstanding.

If relevant we have been married for 17yrs and have 3 children, 16yrs, 14yrs and 8yrs.

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

Hi Clare,

Checked Yourmove and its £320k for a three bedroom property.

I looked at the possibility of getting a shared ownership property from the process of sales from both properties, but you have to be working to be part of scheme.....

Thanks

Expert:  Clare replied 2 years ago.
Hi
Would you be willing to move back to the Matrimonial home?
Clare
Customer: replied 2 years ago.

Hi Clare, this would be very difficult as i have made enormous effort to separate from him. I was divorcing him in 2012 for same issues, my lawyer said stay at home. After 1 year of acrimony , i had no money, no savings, and decided to abandon the divorce. He did not comply with demands to declare income/savings.

After 1 year on reconciliation, he verbally and physically assaulted our daughter again. The police released him on bail. I moved out daughter out. He was given a caution by the police and allowed to return to the marital home. He refused to leave the house as he had no job (he has not worked for a year). I could forsee a whole year of agruments etc, and our eldest daughter although looked after my niece felt abandoned. She does not maintain contact with her dad. She wants to change her name etc. She is doing her GCSC;s in the summer, so want to provide good environment for her......and she would probably have to go back to my niece......i want to keep the kids together that's why I moved.

I had a legal fight with tax credits because they did not believe I was single because then (2012/2013) I remained in the marital home. I do not want to go through all the hassle again.

Please advise me of the best course of action......

Thanks

Expert:  Clare replied 2 years ago.
Hi
I did mean that we get you BACK into the house after he has gone rather than your having to share it - is that something you could consider or would it be too dangerous?
Clare
Customer: replied 2 years ago.

sorry, I would consider...locks being changed.

Expert:  Clare replied 2 years ago.
Hi
Just to check - do you expect to be working again soon or is your unemployment likely to be long term?
Clare
Customer: replied 2 years ago.

hi Clare, it's likely to be long-term. I lost my job in Feb. and I'm taking my employers to tribunal. I have impairments that make it difficult to find suitable employment. Trying to find a job that will me to work from home.

Expert:  Clare replied 2 years ago.
Hi
The priority for the family court is the safe and secure housing of the children until they are 18.
If the Flat was sold then it would release sufficient funds to pay off the mortgage in the house so that you can return there (with your ex leaving) and live there until your youngest child is 18 or you cohabit.
When the house is sold you will get at least 50% of the equity - with a 60/40 split in your favour a real possibility.
If you do not wish to go that route then it would be reasonable for the house to be sold and you have the equity - with your ex keeping the flat.
However you should not agree to any of this until there has been full financial disclosure - and you certainly should not agree to any release of capital at this stage
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 2 years ago.

hi Clare, just one more thing. Should I put a notice of my interest on the house, just in case he sells? The house,bills and mortgage are all in his name. Also he says he is now struggling to pay the mortgage...may be repossessed if he falls into arrears.....do you have a solution?

Thanks.

Expert:  Clare replied 2 years ago.
Hi
You should indeed register your matrimonial home rights on the property.
With regard to his threats to stop payments I am afraid that your only option is to start the divorce proceedings and make an application for the finances to be dealt with
Clare
Clare and other Family Law Specialists are ready to help you
Customer: replied 2 years ago.

Hi clare,

Thanks for your follow-up email. I have an appointment this Friday with a firm of solicitors as i have realised that the finance matters are quite complex.

I have also already given you an excellent rating since the last time we communicated.

Regards

Expert:  Clare replied 2 years ago.
Hi
Thank you for that
Do consider looking at shared home ownership schemes for the future
Clare

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