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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34121
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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me and the wife divorced 2 years ago this july she got to stay

Customer Question

me and the wife divorced 2 years ago this july she got to stay in the house while have to rent i need to buy my own home but can't because i cant raise the the deposit and is getting in debt with credit cards she says can't afford to buy me out witch is £30.000 so i will have to wait until my children finish school witch could be in another 8 years then i will be 50 dont know what to for best she engaged now but her new partner does not stay at the house longer than needed that would trigger clause in divorce to buy me out ....help needed
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 outstanding on the mortgage and what income does she have?
Clare
Customer: replied 2 years ago.

60 .000 i presume because i would get halve

she only works 2 days a week she gets the rest in benefits her take home was 28.000 one of our children receives disablities

Customer: replied 2 years ago.

do you need more info ?

Expert:  Clare replied 2 years ago.
Hi
Does the boyfriend spend the night at all?
Clare
Customer: replied 2 years ago.

on the weekends maybe not sure don/t know he's got his own house witch is closer to his work i have my children every other weekend

Expert:  Clare replied 2 years ago.
Hi
id you have a solicitor at the hearing - was the Order made by Consent?
Clare
Customer: replied 2 years ago.

sorry don't understand the question

Expert:  Clare replied 2 years ago.
Hi
What happened in July - was there a Court hearing?
Clare
Customer: replied 2 years ago.

yes when we divorced she got the house everything in it.... then there were triggers if someone moved in. or she remarried or finance situation changed and when the children finished school

Expert:  Clare replied 2 years ago.
Hi
Did you agree to that - or did the Judge decide the matter?
Clare
Customer: replied 2 years ago.

i agreed to it din.t want to upset anyone i guess there.s nothing i can do now

Expert:  Clare replied 2 years ago.
Hi
I am afraid that unless the partner does move in - or your ex gets a well paid job that will allow her to remortgage the property - there is nothing that you can do but wait.
It is what the court would have done in any event - so do not feel that you were bullied into a worse settlement than you woudl otherwise have got.
Please ask if you need further details
Clare