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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33276
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 have just received my "Certificate of entitlement to a decree" with a date for

Customer Question

I have just received my "Certificate of entitlement to a decree" with a date for "pronouncement". l was a full time mother with three children n my ex works full time. we also have a joint morthage and have an offer of 285k n outstanding morthage of 120k.
l have attended mediation alone n he has refused. Do l apy for a financial order now as l habe the signed mediation form with me or wait.? what will happen when l apply??.
am disabled from car crash during the marriage as we.
tjank you
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.
What other assets are there and what income do you each have?
Clare
Customer: replied 1 year ago.

I have no income but on benefit now. he earns £22-25ph n works full time

first child goes to private school5

Expert:  Clare replied 1 year ago.
Hi
Where will you live if the house is sold?
Clare
Customer: replied 1 year ago.

I have rented a 3 bedroom house privately already as the house is already being sold ST. and I did not want to destabilise the children at a latter date in a rush

Expert:  Clare replied 1 year ago.
Hi
You do know that you could probably stay in the property until your youngest is 18 if that was what you wanted?
Clare
Customer: replied 1 year ago.

I did not know, so do you suggest I return to the property?? who will pay for the mortgage as I am disabled from a car crash 3 years ago and on benefit??

what will happen if he stops working and also goes on benefit so as not to pay the mortgage.

these were my worries and what prompted me to take the safer option of renting privately as benefit pays my rent.

what would you rather i do, as i am quite willing to return to the house but fear the above. I know his behaviour well, but is was the extend of his sleeping around with many women that has surprised me.

as for stopping work, i can see him doing just that!!!

Expert:  Clare replied 1 year ago.
Hi
If you receive your share of the equity you do realise you will no longer be eligible for Housing Benefit?
Clare
Customer: replied 1 year ago.

No I did not realise that. so what is your best advice, as the money will run out and I will be back to square one.

so my safest option is to return to the house.

I need help as we have received an offer and it is in progress of being sold!!!

Expert:  Clare replied 1 year ago.

Hi

Returning to your matrimonial home is almost certainly your safest option as you can claim benefit to help cover the interest on the mortgage if your ex stops paying for any reason

You do not need to do so immediately - but it should be the aim of the court application that you need to make

You will certainly be able to stay there until your youngest is 18 - and when the house is sold I would expect you to receive a substantially larger part of the equity. You should make the application as soon as possible

Please ask if you need further details

Clare

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