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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34263
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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my husband has walked out he has a mental health problem but

Resolved Question:

my husband has walked out he has a mental health problem but is having an affair we own our house if i divorce him would i have a good chance of keeping my home as i have our 18 year old daughter with me and my husband has moved out to his mothers as we have no where to go also i do not know what to do to start getting a separation or divorce
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.

we have no mortgage the house is worth roughly £250,000.00 we have £48,000.00 in the bank £14,000.00 coming back on a policy and £16,000.00 in isas he also has a transit van and a lada car he is on ssp with no sign of returning to work and I earn £21,000

Expert:  Clare replied 2 years ago.
HI
How much does a cheaper two bedroom property in the same general area cost to buy?
Also a one bedroom one.
Clare
Customer: replied 2 years ago.

A two bedroomed flat/apartment range from £220,000 -£279,000 a one bed would be no good for me my husband can stay at his mothers long term she has a big 3 bedroomed house and he is one of the beneficiaries in her will

Expert:  Clare replied 2 years ago.
Hi
I appreciate that you NEED a two bedroom but I do need to know how much a one bedroom property will cost as the court will NOT agree that he should have tol ive with his mother
Clare
Customer: replied 2 years ago.

after looking on the internet the prices varying between £100.00 - for slough to £215,00 for Langley which is where we live now

Expert:  Clare replied 2 years ago.
Hi
Did either of you bring any capital to the relationship - or have the assets just accumulated over the years?
Clare
Customer: replied 2 years ago.

he put down initial deposit but put it in both our names as we were not married then he was advised by his solicitor to put it in his name but he declined this was for our first house since then the assets have accumulated

Expert:  Clare replied 2 years ago.
Hi
How much is your ex able to earn when he is well?
Clare
Customer: replied 2 years ago.

he was on £30,000 he is a plumber and gas safe registered

Expert:  Clare replied 2 years ago.
Hi
last hope - what does your 18 year old do?
Clare
Customer: replied 2 years ago.

My 18 year old daughter is at college at the moment she is hoping to go to university but with all this going on she may defer for a year she suffers with Post Traumatic Stress disorder and sees a therapist as she had bone cancer when she was eight and has a metal prothesis in her leg and had numerous operations and chemo she i still under the Nuffield Othopeadic Hosptial in Oxford and our local hospital in slough My other dughter is at university already and finishes this year

Expert:  Clare replied 2 years ago.
Hi
Does your youngest need more than usual support because of her illness?
Clare
Customer: replied 2 years ago.

yes she is not registered disabled but walking distances can be a problem and as i dont drive it can be akward she also needs more emotional support as she blames herself having the cancer for everything going wrong

Expert:  Clare replied 2 years ago.
Hi
Will she go away to University or go from home?
Clare
Customer: replied 2 years ago.

she will go away to university

Expert:  Clare replied 2 years ago.
Hi
In the vent of a divorce the starting point for division of the family assets is 50/50
Since your daughter is over 18 technically the Family court will no longer consider her a dependent and on that basis it would be unlikely that there would be any reason to depart from the 50/50 position.
The fact that your daughter is still partially dependent because of her history could mean that you could delay the sale of the property for a further three years or so - or alternatively if you agree a sale now you might get a slightly larger share of the equity - say 60%.
I appreciate that this is not good news - but it is also possible that you will be able to negotiate a more favourable settlement using Family Mediation
www.familymediationhelpline.co.uk
Please ask if you need further details
Clare
Clare and other Family Law Specialists are ready to help you