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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33324
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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am I entitled to stay in my home which is in mine and my ex

Customer Question

am I entitled to stay in my home which is in mine and my ex husbands name although he cheated on me several times and is now remarried he wants me to move out when our son leaves full time education and sell and split the house value. theni would need to rent but he has never made any payments for household repairs or for the upbringing of our son.
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 financial agreement was made at the time of the divorce?
Clare
Customer: replied 1 year ago.

no financial agreement was given he just said i could stay in the house til our son left school, he did say he would give me a small amount of money each month but never did and havent had a penny off him since he moved out ten years ago. then when the house was sold we would split it in half so he got his share but i was in a state of shock when this agreemant was made, but ive offered him the equitity value either now of 80 thousand now or when im 65 it will rise to 87 thousand but he said he wants the rest being 45 thousand.to which i dont think hes entitled

Expert:  Clare replied 1 year ago.
Hi
How much is the house worth and how much is outstanding on the mortgage
What other assets do you each have?
Have YOU remarried?
Clare
Customer: replied 1 year ago.

the house is worth 275.000.theres no mortgage outstanding I have no other assets and no I haven't remarried

Customer: replied 1 year ago.

i have responded to your last question but not sure if u received it today.

the house is worth 270.000 theres no outstanding mortage and no i havent remarried im single.

Expert:  Clare replied 1 year ago.
Hi
My apologies for the delay
What other assets does your ex have?
When was the mortgage paid off?
What household repairs/improvements have you made in the years you have lived there
Clare
Customer: replied 1 year ago.

my ex is in rented accomodation, the mortage was paid off when we moved into the property,10 years ago. ive recently had a new boiler fitted after the old one had been condemed and shut off, my ex didnt offer to help out with the boiler so had to get a loan from my mother who has now died. does my £26 cover all these questions?

Expert:  Clare replied 1 year ago.
HI
Yes all these queries are part of the same question and covered by the one price
How long were you married and where did the purchase price come from?
Ho wold is your son?
Clare
Customer: replied 1 year ago.

we were married for 23 years. I looked at house prices next to mine as i live in a row of 6 houses and im end of terrace.so a little bit more value.. there prices are around 275.000 to 300. 000. my sons 15 now.

Expert:  Clare replied 1 year ago.
Hi
How much would a one bedroom property in the same general area cost to buy?
Clare
Customer: replied 1 year ago.

no idea, why do you need to know that?

Expert:  Clare replied 1 year ago.
Hi
It is one of the matters the Family Court will take into account when considering your case.
Websites such as Zoopla can give you a broad idea
Clare
Customer: replied 1 year ago.

ive looked up a one bedroom flat in surrey and it was £200.000

Expert:  Clare replied 1 year ago.
Hi
You are certainly safe until your son is 18 and your ex cannot force a sale until then.
After that point he could use Property law to try and force a sale and a 50/50 division of the equity.
Fortunately you can still use family Law to secure a larger share of the equity.
The fact that you have had the care of the child and his lack of maintenance over the years will secure you a larger share of the equity - certainly enough to purchase a one bedroomed property MAYBE more depending on a number of other factors
The starting point is for you to offer to negotiate with your ex using Family mediation
www.familymediationhelpline.co.uk
if he does not agree and does start action to force the sale of the house then you can apply to the family court!
I hope that this is of assistance - please ask if you need further details
Clare

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