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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34234
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 husband and I have separated, not legally. I want to find

Resolved Question:

My husband and I have separated, not legally. I want to find out what my rights are as he would like us to sell our house due to expense. We have an 11 year old son together and I have 3 other children which my husband helped to raise for 18 years.
We are not getting a divorce but I would like to know what will happen if I decide not to sell. My husband has left due to debt, expense of our home, my children needing to get their own place and he is going through depression.
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year ago.
HiThank you for your questionMy name is ***** ***** do my best to help you but I need some further information firstHow much is the house worth and how much is outstanding on the mortgage?What other assets and debts are there and what Income do you each have?
Customer: replied 1 year ago.
We haven't had the house valued I would guess just under 1 million pounds, around 550,000 or a little less as my husband paid the mortgage each month, I have started paying half of the mortgage since September 2015. My husband has debts of around £60k, I have car payments and the catalogue bills. I pay all other bills with help from the 3 older children. I take home around £2240, per month and I think my husband takes around £2000, and he is now renting another property.
Expert:  Clare replied 1 year ago.
How much does a two bedroom property in the same school area cost to buy?
Customer: replied 1 year ago.
I am not sure maybe around £450,000?
Expert:  Clare replied 1 year ago.
So if the matrimonial home was sold you would have sufficient funds to rehouse yourslef and your youngest child?
Customer: replied 1 year ago.
Yes, but I need to help my 3 children get a property.
Expert:  Clare replied 1 year ago.
Hi
How old are they?
Clare
Customer: replied 1 year ago.
30, 27 and 20. The two oldest ones have tried the council where they were on the list then got removed as they weren't a priority.
Customer: replied 1 year ago.
Also if the home is sold my husband would be entitled to half of the property, so that only leaves around 250k each after sale and repayment of the mortgage
Expert:  Clare replied 1 year ago.
In fact your husband is under a duty to help house the child until he is 18 and on that basis if the house is sold then you would have as much of the equity as you need to house yourself and the child.Your husband would have to wait until your son was 18 yo receive his share of the equitySince there would be sufficient funds to allow this then technically if your husband applied to the court then an Order for sale MIGHT be madeI am afraid that since they are all over 18 the needs of the other children are not relevant I am sorry to say.Given that he is not likely to benefit immediately it may be that your husband can be persuaded to leave matter as they are for nowI hope that this is of assistance - please ask if you need further details
Clare and other Family Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank you very much for your advice.