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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33281
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 live in a shared ownershp house with my husband and 8

Customer Question

Hi i live in a shared ownershp house with my husband and 8 year old daughter,if we were to seperate where would i stand regarding remaining in our home withh my daughter?. My husband works full time earns over £60.000 and i am on ESA we own 40% at present I am on the deeds of our house but my husband pays the mortgage .I do not want to move out of our home . if we bought the full share of our home would this change the situation? Would my daughter and I be allowed to remain in our house until she leaves education? Where do I stand legally please as if it means we need to buy the whole house in order for us to stay then I need to try and arrange this if possible. Thanks

Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year 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?
Clare
Customer: replied 1 year ago.

Hi the property was £310.000 when we bought it 3 years ago we bought £120.000 share of a mortgage 40% after paying £18.000 deposit. It is now worth £375-400.000. If we were to buy more shares we would be paying on this amount and stamp duty . where would I stand if we were to seperate owing this share? Would I only be able to remain in the house with my daughter if we bought all of the house?

Customer: replied 1 year ago.

Hi did you get my reply? I'm still waiting for a reply?

Customer: replied 1 year ago.
Relist: Incomplete answer.
i have been waiting for over 3 hours for an answer from Clare i still have n response
Customer: replied 1 year ago.

Hi care I am still waiting?

Expert:  Clare replied 1 year ago.
H
I am sorry but we are all working lawyers which means that we are not always at a computer.
How much would a two bedroom property in the same general area cost to buy?
Clare
Customer: replied 1 year ago.

About £385.000

Expert:  Clare replied 1 year ago.
Hi
The fact that it is a Shared Ownership house does not make it any more difficult to deal with the house so please do not worry.
The priority for the court is the safe and secure housing of the child until the child is 18 and on that basis it is likely that you will indeed be able to remain in that property until your child is 18 or you cohabit
Your husband will be liable for child maintenance (12% of his gross income at most) and probably spouse maintenance as well
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 1 year ago.

Hi Claire sorry for the delay I have been unwell.

Who would be reliable to pay for the mortgage and rent if my husband were to leave us.?. At present he pays all of this plus the bills for our home.

As I mentioned I am on ESA and pip allowance only so could not afford to sustain the costs of the mortgage and part rent which at present is about & 1050.00 a month in total. Would my husband be liable to support us fully if he left? Thanks for your time Laura

Expert:  Clare replied 1 year ago.
Hi
Your husband would have to pay Child Maintenance and also Souse maintenance and this could then be used to pay the Mortgage and rent
Clare
Customer: replied 1 year ago.

Would the amount honestly cover this Claire? He is on over £60k but would then need to afford his own accommodation and bills?

Expert:  Clare replied 1 year ago.
Hi
He will have to pay child maintenance ay 12% of his gross income and spouse maintenance on top of that - so yes it is achievable
Clare
Customer: replied 1 year ago.

Are you sure?

Expert:  Clare replied 1 year ago.
Hi
Certainly with regard to the Child maintenance.
the spouse maintenance is less certain - but it is needs based so there is a reasonable chance
Clare
Customer: replied 1 year ago.

The citizens advice Bureau tell me different they say we would need to sell the house and move out as I could not sustain the mortgage and rent myself and that my husband only has to pay a percentage to help with my daughters maintenance which would not cover our outgoings so I am very confused as i do not want to make a life changing decision and then find ourselves homeless which is what the citizen advice have told me Claire?

Expert:  Clare replied 1 year ago.
Hi
Your husband will have to pay 12% of his gross income as child maintenance - £600 a month.
In top of that he will also have to pay spouse maintenance - which is needs based and harder to predict.
However the housing needs of the child are of paramount importance and the court will do much to preserve that
I can only give you general advice based on what you have said to me - but unless you actually saw a solicitor at the CAB then they cannot have given you anything other than the vaguest of advise
Clare

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