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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34105
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 daughter and her husband have separated but he is refusing

Resolved Question:

My daughter and her husband have separated but he is refusing to move out of the house they bought together. They have three children under 9. He does nothing around the house, has been seeing other women (he is on a dating site) and treats the house like a hotel.
He says that unless my daughter buys his half of the house or he dramatically decreases the amount of maintenance for the children he will not move out. She cannot afford to do either.
She is at her wits end and cannot afford a solicitor, but is not entitled to legal aid. They have attended mediation when he said he would move out but only when he is ready - which he now seems to have changed his mind about.
Can you give any guidance on this please?
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.
Which part of the Uk is she in?
How much is the house worth and how much is outstanding on the mortgage?
Is she willing to start divorce proceedings
Clare
Customer: replied 2 years ago.

HI Clare

She lives in Bristol, BS30 7AJ, the mortgage is around £142000 and the house is probably worth around £200000, it is due to be valued in the next couple of weeks.

She is willing to start divorce proceedings but was hoping to sort the financial situation without going to court.

Thanks

Jackie.

Expert:  Clare replied 2 years ago.
Hi
What income do they each have?
Clare
Customer: replied 2 years ago.

My daughter earns £850 per month and her husband earns £2,958.42 before tax.

Plus £190 child benefit.

Thank you

Jackie

Expert:  Clare replied 2 years ago.
Hi
The only way that your daughter can start to brings matters to a conclusion is by starting the divorce proceedings based on her husband's Unreasonable Behaviour
She can read more about the process here
https://www.gov.uk/divorce/file-for-divorce
Once that is underway then I am afraid that if her ex continues to ignore the inevitable your daughter will need to start the financial applictaion - although I do understand why this is not the option she wants.
The hope is that once it is underway her ex will realise that the costs of dragging the matter out will fall on his shoulders and not on hers
The Court will Order that your daughter can remain in the house 9without buying her ex out) until her youngest is 18 or she cohabits, and the child maintenance is a set rate which cannot be underpaid unless your daughter agrees.
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 2 years ago.
Hi thank you for your reply.


If she starts divorce proceedings does that mean that she pays the majority of the fees?

She has contacted a few solicitors and on paper she does qualify for legal aid but most only offer it if there is violence in the relationship.

She is hoping to agree an arrangement between them and then do the minimum work with a solicitor to keep costs down.
Is there a chance she could be forced to sell the house?

The next mediation meeting is the beginning of August, she is hoping to reach an agreement then, if not she will start divorce proceedings.

She has thought about trying to raise money to buy him out, there isn't much equity in the house so is hoping to borrow on the mortgage around £10000-£15000 to give to him, the problem is his name will have to stay on the mortgage as she wouldn't be able to get a mortgage on her own.

Can paperwork be drawn up to say when she sells the house he is not entitled to anything?


Thank you
Expert:  Clare replied 2 years ago.
Hi
Divorce is no longer available for such cases unless there is a history of domestic violence or extreme controlling behaviour that has triggered depression or something similar.
She can in fact deal with paperwork herself
https://www.gov.uk/divorce/file-for-divorce
and she may well be eligible for fee remission
http://hmctsformfinder.justice.gov.uk/HMCTS/GetForm.do?court_forms_id=4396
If he is willing to accept a settlement now then yes a Consent Order can be prepared stating that she alone will benefit from any sale proceeds
Clare
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