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Kasare
Kasare, Solicitor
Category: Family Law
Satisfied Customers: 204
Experience:  Solicitor, 10 yrs plus experience in civil litigation, employment and family law
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I have been divorced years and have been paying

Customer Question

I have been divorced for several years and have been paying the mortgage on what was the family home for almost six years since my wife left me.
We have a son , who I have being paying maintenance for . I now have a baby from another relationship aged 6 months.
We have recently finally sold the house, at a loss and has left me in debt.
There is not enough money after paying costs to buy another house.
My x wife believes she is entitled to all of the money, could you tell me is this true, even though I have another dependent now , and it will leave close to bankruptcy !
Regards Huw.
Submitted: 1 year ago.
Category: Family Law
Expert:  Nicola-mod replied 1 year ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 1 year ago.
Ok, thanks for getting back to me , if you can foresee me having an answer in the next day or so then I am willing to a little longer.
Thankyou
Regards
Huw Pearce
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.
How much was the house worth and how much was outstanding on the mortgage?
What other assets are there and what income do you each have?
Clare
Customer: replied 1 year ago.
Hello, thanks for your reply to my question.
To answer your questions;
Firstly- house value - £203,000
Outstanding mortgage -£146,000
Secondly- My income -£12,000
My x-wife -£ 8,000
...and there are no assets.
I trust you have enough info now to answer my question.
Many thanks.
Regards
Huw Pearce
Expert:  Clare replied 1 year ago.
Hi
I am sorry but I need to ask if contracts have been exchanged and where your ex will live with the child?
What other debts are there (you refer to selling at a loss)
Clare
Customer: replied 1 year ago.
Hello,
Yes contracts have been exchanged and we completed the sale.
My ex wife has lived my son seperately for almost 6 years, and I have moved nearer them, away from the house , which is 4 hours north, so I can see my son.
I have incurred debts , due to paying the mortgage on the house, council tax, maintnance etc,etc costing me around£10,000 plus per year for the last 4 years(1 year tennants were there) whilst trying the sell the house.
The house was sold for about £30,000 less than paid for it.
I have obviously been paying child support of about £450 per month and had to pay rent on houses , so as to be nearer my son.
Expert:  Clare replied 1 year ago.
Hi
That is helpful thank you
Does your ex intend to purchase a property?
Does she have a new partner?
(overall it is looking good!)
Clare
Customer: replied 1 year ago.
She was hoping to buy if there were enough funds after the sale.
It is my understanding that a court would say that if that was the case then she and he were entitled to 'roof over their heads',but there is not and I know have another child ?!
Expert:  Clare replied 1 year ago.
Hi
How much would a cheaper two bedroom property in the same school area cost to buy and what is her mortgage capacity?
Clare

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