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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34581
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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, I've been divorced since August 2014, I did the divorce

Resolved Question:

Hello, I've been divorced since August 2014, I did the divorce online. I have 2 boys aged 16 and 17, awaiting the house to be sold. My ex-husband committed adultery but I chose to divorce him on unreasonable behavior because wanted to be as amicable as possible for the boys. The problem is we are still living together and working together and it's getting very difficult now because he's having problems with his other lady and taking anger out on us. He refuses to leave the house and I want to know what rights I have to make him leave. Also the financial side because he's now saying I have to pay for everything if he leaves, he's refusing to pay maintenance etc, I have done absolutely nothing wrong in this relationship but myself and the boys seem to be being punished mentally over and over off him. I just want him to go and he wont. Thank you Cathy
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?
What other assets are there and what income do you each have?
Clare
Customer: replied 2 years ago.

Hi Clare, The house is worth £240,000 and we owe around £40,000 which is very sad, would have been mortgage free in 4 years. We both earn £500 per week Net. My Ex pays for mortgage and bills and I pay for anything for the boys, holidays, carpets, decorating and furniture, washing machines, fridges etc.

Thanks for getting back to me.

Cathy

Expert:  Clare replied 2 years ago.
Hi
Does the business have any value?
Clare
Customer: replied 2 years ago.

Hi Clare yes the business is worth £60,000 but I do not want to sell that because I started it up. Started on markets and I have grown it into what it is today, Neal joined me because he was unhappy as a sales rep and Neal is a partner although I work probably 70 hours a week and he works around 30 hours. But I want to deal with the business separately. I just want to know where I stand the house. It is up for sale but could take 3 years to sell and me and my boys do not want him here anymore and no-one can believe that we are still living and working together, although divorced and he has another woman. It's very hard .

Thank you

Cathy

Expert:  Clare replied 2 years ago.
HI
I assume there is no chance of remortgaging to pay him off?
Clare
Customer: replied 2 years ago.

I've not really looked into that, breaking my heart leaving the home lived there for 17 years but I think myself and boys want a brand new start, everything would remind us of the past. But if I chose to do that would I have to pay him half??

Thanks

Cathy

Expert:  Clare replied 2 years ago.
Hi
I am afraid that there is no basis on which you can make him leave the property unless he is violent.
Once the house is sold I am afraid that the starting point for division of the equity is 50/50.
The court has the power to distribute the assets in any way that the court believes is fair - and I would expect you to get a larger share- maybe 60/40
I hope that this is of assistance - please ask if you need further details
C;are
Customer: replied 2 years ago.

Thank you, ***** ***** not have him leave on emotional violence because that's been the problem throughout our lives, the boys are very scared of him and always have been (which I feel guilty for now, but I just wanted the marriage to work). He is very manipulative and in the divorce papers I described him as a Jekyll and Hyde character. Up at the top and hyper or down below and brings everyone else down with him. Because things are not working out now with his new lady, my boys and I are getting the brunt of it all. It's making me poorly to be honest.

Many thanks for your help, I really appreciate it.

Cathy

Expert:  Clare replied 2 years ago.
Hi
If your children had been younger then I would have been hopeful but I have to be honest and say that whilst you can make an application to the court based on his behaviour there is only a limited chance of success
You shoudl try and discuss matters with him using Family mediation
www.familymediationhelpline.co.uk
it may be that if you are willing to agree a 50/50 split if he goes he will see the benefits in doing so
Clare
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