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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34271
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 am in the process of separating from my husband but unsure

Resolved Question:

I am in the process of separating from my husband but unsure where i stand with our house. We have a 13 year old daughter who will live with me. I lived in the house which was then a council house prior to getting together with him. we then went on to buy it around 15 years ago. I would like to stay in the house for the time being but would not be able to afford to buy him out. I am happy to give him his share at such a time that I am in a position to sell. What is my position
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 ?
How much will a cheaper two bedroom property in the same school area cost to buy?
Clare
Customer: replied 2 years ago.

The house is worth around 210,000 with the outstanding mortgage being around 30,000. There are just the usual assets car, furniture etc. I work part time earning around £550 per month but will be claiming tax credits. A 2 bedroom property in the same area would cost around 200,000 however I do have my older daughter living with me until she goes into the army later this year so do also have her rent for the moment.

Expert:  Clare replied 2 years ago.
Hi
What discount did you receive at the time of the purchase?
Clare
Customer: replied 2 years ago.

40%

Expert:  Clare replied 2 years ago.
Hi
You will be able to remain in the matrimonial home until your child is 18 - or you cohabit
Once the house is sold you can argue that you shoudl receive a larger share of the equity to reflect the fact that you have compromised your career to bring the children up - and that you brought the discount to the marriage
A settlement where you receive between 60% and 70% of the equity is possible.
You should try and discuss matters with your ex using Family Mediation
www.familymediationehlpline.co.uk
I hope that this is of assistance - please ask if you need further details
Clare
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