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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34278
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 seperated with 3 kids age 11,9,7. My eldest has,special

Resolved Question:

Hi. I am seperated with 3 kids age 11,9,7. My eldest has,special needs.. I work part-time. I can remortgage to cover the existing joint mortgage plus raise a small amount of the equity. Unfortunately my ex wants far more as lot of equity in house. He's now threatened to take me to court to force a sale. I want to stay at the home as it's near kids school and my eldest struggles with change.
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 income do you each have?
Clare
Customer: replied 2 years ago.

Hi.

The house is worth 250k and mortgage outstanding is 64k. We both have a pension but his is greater than mine due to being part time for last 12 yrs. I earn 16k and have a top up with tax credits. He earns approx 48K.

Expert:  Clare replied 2 years ago.
Hi
How much would a suitable three bedroom property in the same school area cost to buy?
Clare
Customer: replied 2 years ago.

Three bed houses are approx 230-250k. I need 4 beds as my eldest with special needs needs his own space and my other two are a boy and a girl. I have had an extension on my 3 bed house to create another room. I wouldn't be able to get the equivalent to whst I have now. I have extended bathroom to allow a bigger shower to help with washing my eldest boy.. We have 2 toilets too for his needs and a large private quiet secure garden

Expert:  Clare replied 2 years ago.
Hi
In that case there is no question of your being forced to sell the house before your youngest is 18
Your offer to release him from the mortgage is a generous one and one he would not achieve by going to court.
If you wish to continue with this then make sure he accepts that any claim he may have when your youngest is 18 - it should be 30% of the equity at most - less if he keeps his pension
I hope that this is of assistance - please ask if you need further details
Clare
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