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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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my husband left me and my child a month ago (adultery - but

Customer Question

my husband left me and my child a month ago (adultery - but cannot prove yet).
me and my child are currently in the jointly owned property and he is staying temp with his mum and dad.
i need to find out what my rights are if he refuses to sell the house, cannot afford to give me half the equity or cannot agree to support us.
am i right in assuming that as he jointly owns the house he is free to come and go as he pleases on an ongoing basis?
can i make him sell the house?
can i make him give m half the equity?
could he potentially just decide to move back in, even though we are separated and he is now with someone else?
thanks in advance
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 house worth and how much is outstanding on the mortgage?
How old is the child and what other assets are there?
What income do you each have?
Clare
Customer: replied 1 year ago.

House is worth 210, 000

There is 33,000 equity in the house

My child is 23 months old

My income is 29k per annum (part time) and his is approx 38k per annum (full time) (dependant on commission)

What do you mean by other assets? We have 2 cars so have taken one each. There is a loan out on one of the cars for 7500 that was taken out 10 weeks ago in my name.

All the bills in the house are in my name also as I looked after all the finances

Expert:  Clare replied 1 year ago.
Hi
Are you sure that you could not afford to stay using all possible benefits and his child maintenance payments?
Clare
Customer: replied 1 year ago.

I probably could stay and I have spoken to the financial advisor who told me to tell him how much I needed to stay. The problem I I think he wants to keep the house and have us move out. I have tried to explain that it will cost us all about the same amount for either me to stay and him to rent or the other way round. His response was, if I let you stay in the house what am I supposed to be able to afford. This is why I need a legal opinion as it looks like he is going to get difficult. I earn 1700 a month and the mortgage and utility bills alone come to 2000. Even with maintenance payments he will need to pay me additional money to keep it. Then his name will still be on the mortgage and he could pull the rug from under me at any time.

Expert:  Clare replied 1 year ago.
Hi
Just to check - how much would a cheaper two bedroom property in the same general area cost to buy?
What mortgage could you raise if you had to?
Clare
Customer: replied 1 year ago.

Hi Clare

Apologies for the late reply.

A two bedroom property would cost about 150k.

On my salary I could probably afford this if I had the equity out of the house.

Thanks

Expert:  Clare replied 1 year ago.
Hi
The priority for the family court is the safe and secure housing of the child until the child is 18 - so you could remain in the current property if you could obtain your ex's release from the mortgage - or the property could be sold and you would receive a smuch of the equity as you need to enable you to purchase an alternative property.
Your husband would have to wait until the child is 18 to receive his share of the equity - likely to be about 40% at most
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 1 year ago.

Sorry I dont understand. If we sell the property does that mean that my husband would not receive any of the equity until my daughter is 18?

Where would his share of the equity go?

Also, who would determine how much of the equity he gets? Does this mean it would have to go to court?

I have calculated the amount of maintenance he would need to pay and this might cover his payment towards the mortgage. Therefore if his name is ***** ***** on the mortgage would he then need to pay me the maintenance with the mortgage payment on top of this? Does that make sense?

Referring to my orginal question would you be able to confirm -

can i make him sell the house?

can i make him give me half the equity?

could he potentially just decide to move back in, even though we are separated and he is now with someone else?

thanks

Expert:  Clare replied 1 year ago.
Hi
Within the financial side of divorce proceedings you can indeed force the sale of the property - and you will receive as much of the equity as you need in order to place a deposit on a property for yourself and the child.
If that means you getting all the equity then that is what will happen and he will have to wait for his share until the child is 18 or you cohabit
The amount that he will receive is either agreed between you or imposed by the court
Unfortunately unless he is violent you cannot prevent him from returning to the property until the final agreement is reached
Clare
Customer: replied 1 year ago.

If my husband decided he wanted a delayed sale, and he continued to pay half the mortgage, would his child maintenance payments be on top of this and also any other costs like half the credit card repayments etc?

Thanks

Expert:  Clare replied 1 year ago.
Hi
The issue is not what HE wants it is what you want in terms of your best way of housing the child.
If YOU want to remain in the property the it is for you to ensure that you can meet all the bills from your income including Child Maintenance.
You are not responsible for any debts in his name
If HE does ask that you remain in the property then yes you can look to him to provide extra financial assistance
Clare

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