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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34105
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 daughter,s husband walked out 11 years ago leaving her with

Resolved Question:

My daughter,s husband walked out 11 years ago leaving her with a 12 month old child.She has paid the full mortgage ever since.When the divorce was finalised she offered him 20 thousand pounds which he refused saying he wanted half.Since legal aid was stopped she cannot afford to take this any further especially as she has been made redundant and is finding it hard to find a job,He is now saying she has to sell the house so that he can get his share.
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 house worth and how much is outstanding on the mortgage?
For clarity - the child is now only 12?
Clare
Customer: replied 2 years ago.

The house is worth 150 thousand with 40 outstanding,Their child is 12 and he has regular contact though it took a court order on his wages before he paid any maintenance,this happened 12 months ago my daugher also has a 5 year old from another relationship that didnt work out ,The father has no contact

Expert:  Clare replied 2 years ago.
Hi
Does anyone else live with your daughter?
Clare
Customer: replied 2 years ago.

No only the 2 children

Customer: replied 2 years ago.

only the 2 children

Expert:  Clare replied 2 years ago.
Hi
My apologies for the delay.
is the mortgage repayment or interest only.
If it s a Repayment mortgage how much has your daughter paid off the mortgage, and please confirm that there was no final financial order made within the divorce proceedings?
Clare
Customer: replied 2 years ago.

She has paid off aprox 40 thousand.There was no financial order within the divorce

Expert:  Clare replied 2 years ago.
Hi
Excellent thank you - just to check - your daughter has not remarried at all?
Clare
Customer: replied 2 years ago.

No she has not remarried.

Expert:  Clare replied 2 years ago.
Hi
The first thing to say is that her ex cannot force the sale of the property until their joint child is 18 or your daughter cohabits again as he is under a duty to help house the child until then
However in order to protect herself in the future your daughter needs to deal with the question of what share her ex should eventually have sooner rather than later.
The starting point is a 50/50 division BUT the fact that your daughter has had the sole care of the child AND has paid so much off the outstanding mortgage means that the family court is likely to be able to reduce his share to 20% or less.
Her starting point is to try and negotiate with her ex using Family mediation
www.familymediationhelpline.co.uk
When that fails she needs to make her claim through the old divorce proceedings using the form here
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/form-a-eng.pdf
Please ask if you need further details
Clare
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