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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33319
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 house in London is rented out at the moment and I

Customer Question

Hello, my house in London is rented out at the moment and I wish to move back into it with my three children. My husband persuaded me to move to Yorkshire but this has not been a success. He has become very manipulative and controlling and I wish to have the life back that we had in London, I wish that I had never left the house there. We own it jointly and I put the inheritance i received when my mother died into the purchase of it and have always worked to pay the mortgage. I have a good job and can transfer back to London in 2016, which is what I wish to do. Can he stop me from doing this and could he try and take our children from me? Many thanks for your help, Nicola Hodges.
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year ago.
HiThank you for your questionMy name is ***** ***** I shall do my best to help you although I need some further information firstHow old are the children and do they also wish to move back?Have you given notice to the tenants
Customer: replied 1 year ago.
Hello my children are Lily aged nine, Rebecca aged 15 and Gemma aged 21 (who is at uni). When Gemma leaves uni in 2016 she wants to live in London, Lily wants to live in London and Rebecca wants to be with her sisters, but doesn't mind not being in London. We plan to give the tenants six months notice in December (they are on a six month lease). Thanks for your help.
Expert:  Clare replied 1 year ago.
How much is the house worth an dhow much is outstanding on the mortgage?
Customer: replied 1 year ago.
The house us wortjh about £450,000.00 and the mortgage is £46,000.00
Customer: replied 1 year ago.
I should also mention my husband has type 1 diabetes and health problems associated with that
Expert:  Clare replied 1 year ago.
How much was your inheritance - and who owns the property you currently live in?
Customer: replied 1 year ago.
I out £46,000 into buying the new property and paid a lot of the costs. We live in a rented house in Yorkshire. The owners are in Australia.
Expert:  Clare replied 1 year ago.
Where did the balance of the capital come from for the purchase?
Customer: replied 1 year ago.
Fr on the sale of our flat in London where we lived for 14 years and which we jointly owned.
Expert:  Clare replied 1 year ago.
That is great.What income do you each have and what mortgage capacity do you have?
Customer: replied 1 year ago.
I have a full time job that pays 13,200.00 a year. My husband is self employed and does odd jobs but has no fixed income. I think my mortgage capacity would be three times my income.
Customer: replied 1 year ago.
Hello Clare, do you have the answer to my question?
Expert:  Clare replied 1 year ago.

My apologies.

Technically your husband can apply to the Court for a Prohibited Steps Order to prevent you moving the younger children back to London until a Court has decided whether or not the move is in the best interests of the children

Given the short nature of the stay in Yorkshire and the wishes of the children i do not think that this would be anything other than a delaying tactic - you will be able to move and bearing that in mind your husband may be sensible enough NOT to issue Court Action

There is no reason why you should not move back to the former matrimonial home whilst your ex remains in Yorkshire - indeed it is a sensible option.

bearing in mind London prices it is unlikely that your ex will be able to force a sale of the property until your youngest is 18 - at which point you would receive a larger share of the equity to reflect your contribution.

You shoudl try and discuss these issues with your husband using Family mediation

www.familymediationhelpline.co.uk

I hope that this is of assistance - please ask if you need further details

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