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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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where do i start lolmy ex wife wants to have our house repossessed so

Customer Question

where do i start lol
my ex wife wants to have our house repossessed so she can get a council property. i want to keep the house but can only afford if she leaves. i also want custody of our kids as i do not want to move them from the school they are at. i am now remarried and renting with my new wife.
my ex is waiting to hear if the benefits office will help pay her half of the mortgage but as they have taken so long in deciding i fear they will say no!
there are other things but too many to go through
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.
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?
How old are the children and what contact do they have with you at the moment?
Clare
Customer: replied 1 year ago.

the house is worth approx 125K with 110K outstanding with 4.5k arrears

there are no assets and i am currently self employed/agency earning approx 2K per month. my ex is unemployed and has been unable to look for work for over a year due to a car accident knocking her spine out of alignment. i do not know what her income is but i would hazard a guess at approx 1200

the children are 15, 14, 11 and i am currently only allowed to see them every other sunday. the 2 younger children are aspergers sufferers hence i do not wish to cause to much upheaval. i only see my older child as the younger do not want to leave their mother for reasons unknown although i believe that their mother has had words with them regarding my new wife

Expert:  Clare replied 1 year ago.
Hi
Can you afford to pay your ex £5,000 for her share of the property?
Will you be able to obtain her release from the mortgage?
Clare
Customer: replied 1 year ago.

no i dont have the funds to do that and i dont think she would not give up her share of the house

Expert:  Clare replied 1 year ago.
Hi
Then I am not entirely sure what you wish to know - could you clarify that for me please
Clare
Customer: replied 1 year ago.

can i get control of the house and custody of my children. their mother could live with her parents not to far away and i could move in with my new family, thus keeping the house and avoiding repossession or does my ex have the upper hand in being there and forcing a repossession and forcing the council to house her and the children whereever they can

Expert:  Clare replied 1 year ago.
Hi
What maintenance are you paying?
Clare
Customer: replied 1 year ago.

none but she has said that if she loses the house she will claim it from me which is another reason i want to take house and custody of kidsd

Expert:  Clare replied 1 year ago.
Hi
Ok
How much are you paying in terms of the mortgage payment - an dhow much is the full payment?
Clare
Customer: replied 1 year ago.

i am paying 375 out of 745

Expert:  Clare replied 1 year ago.
Hi
There are two separate issues here - the children and the house.
Dealing with the children first it is clear that your ex has always been the main carer of the children and that at present your relationship with the younger children is strained.
This being the case it is highly unlikely that the court will order that the children live with you even if you do return to the matrimonial home.
On that basis you would need to accept that maintenance will be payable - indeed you are paying it at the moment by paying the mortgage
With regard to the property if your ex is not able to stay in the property then the only basis on which you could return there would be if you could release her from the mortgage and pay her her share of the equity.
As things stand if your ex cannot cover the rest of the mortgage the property should be marketed and sold as soon as possible.
This will not amount to her making herself homeless since she cannot afford the mortgage.
If you do wish to try and maximise your time with the children then the starting point is Family mediation
www.familymediationhelpline.co.uk
Please ask if you need further details
Clare
Customer: replied 1 year ago.

if the house was sold would she be able to be rehoused by the council or would they say she has given up a house and is therefore not eligable?

Expert:  Clare replied 1 year ago.
Hi
If she can prove that she is not able to afford the mortgage then yes she will be rehoused
Clare
Customer: replied 1 year ago.

so if i tell her we have to sell the property she can go to her local housing office to be rehoused and they will have to do this?

she has told me she has seen a solicitor, cab and housing office and been told that if she sells the property she will not be rehoused as she has given up a home

i would prefer to sell than have it repossessed

Expert:  Clare replied 1 year ago.
Hi
It is not up to you to tell her anything.
She needs to find out if she can obtain benefits to pay the mortgage.
If she can then she can stay.
If she cannot then she will have to go through the figures with the council so that they accept that she cannot stay
Clare

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