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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33531
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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can you advice me please my daughter is going through

Resolved Question:

can you advice me please my daughter is going through a divorce her ex husband still lives in their house, he has move in his new woman and her children my daughter has still been paying half the mortgage last year
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year ago.

Thank you question.

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?
Are there any children involved - and has your daughter started divorce proceedings at all?
Clare
Customer: replied 1 year ago.
There were only married 4 years, no children together but he has a daughter from previous failed relationship
House only purchased in joint names just before the split we gave my daughter £9000 Tiwards it . She has continued to pay half the mortgage last year. He was supposed to make arrangement to take over the mortgage but stalls all the way
We
What can we do, now he has moved in a pregnant partner?
Expert:  Clare replied 1 year ago.

How much is the property worth and how much is outstanding on the mortgage?
Does his daughter live with him?
Clare
Customer: replied 1 year ago.
no she lives with her mother she won't let her see him as there were a few in issuesEs on a previous visit. She had a difficult time with this man and left him while he was at work. He is a controlling freak Approx £170000
Customer: replied 1 year ago.
She lives with her mother, there were some issues in the way he was treating her on visits so she won't come down now, she has been fighting this chap .
House purchased just before break up. Approx £176000
Expert:  Clare replied 1 year ago.

Best guess on how much is outstanding on the mortgage?
Is your daughter willing to start divorce proceedings?
Clare
Customer: replied 1 year ago.
She has got decree nici
Think it 175000
Expert:  Clare replied 1 year ago.

Thank you .
Has she started the Financial application within the divorce proceedings, and why is she still paying towards the mortgage?
Clare
Customer: replied 1 year ago.
Yes but the won't play ball
He want Natalie to continue to pay he has said he will take on the house but has done nothing about he is stalling we don't think he can afford it £600. A mo nth payments he works as a care worker minimum wage girl friend has two kids and is pregnant
He has been bankrupt in the past just got a bigger car probably on finance and is behind with payments to CPA
What would be the courts feeling about the mo ing I. Of this family who is responsible them
Customer: replied 1 year ago.
Did you receive the message
Expert:  Clare replied 1 year ago.

As a starting point your daughter shoudl say that she is no longer willing to pay towards the mortgage and will not make any further payments.
At the same time she shoudl organise a Mediation Information meeting with a family mediator
www.familymediationhelpline.co.uk
if her ex agrees to mediation then great - if not she can then make an immediate claim to the court for the financial side of the divorce to be dealt with
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/form-a-eng.pdf
this will lock her into a court timetable that will lead either to the sale of the property - or her release from the mortgage (I suspect the former)
The fact that is new partner is pregnant will not mean that she has to stay on the mortgage!
Please ask if you need further details
Clare
Customer: replied 1 year ago.
We had e mail from him saying he wanted the house and that he would get her name taken off.
There was no mention of finances.
Due to him this divorce has cost £8000
We need the deposit back that my daughter put in to the house.
She does not have a home he has caused all the expense.
Will he have to pay this back before taking over the house.
Can the court tell him to sell and pay off this debt
Expert:  Clare replied 1 year ago.

I am sorry - I thought you said that the house was worth about £176,000 and the mortgage is £170,000 - is that not correct?
Clare
Customer: replied 1 year ago.
5%depoist was paid usual our £9000
£35000through government scheme time buyers
Balance advance £131220.00 through mortgage company
Expert:  Clare replied 1 year ago.

Then I am afraid there is likely to be very little left over in the event of a sale by the time the cost sof sale are taken into account - but your daughter can certainly claim a larger share of what there is
Clare
Customer: replied 1 year ago.
Can the court request the house is sold?
And what about the deposit, he agreed during mediation that it was a gift
What if he can't get a mortgage?
Expert:  Clare replied 1 year ago.

The Court can and will Order the sale of the property if her ex cannot obtain her release from the mortgage.
If there is not enough equity to repay the deposit then I am afraid that it is lost
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33531
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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