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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33813
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 divorced several years ago and my property is owned

Customer Question

I divorced several years ago and my property is owned jointly by my ex and me, 60/40 to me. It is under a consent order to be sold when my child reaches 18 or upon my death or I remarry. I remarried 3 weeks ago and sadly I cannot stay married to this abusive man. I shouldn't have married him. Now I am petrified I will have to sell my home and not have enough money to rehouse. What can I do.
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 first.How old is your child and have you asked your husband to leave?
Customer: replied 1 year ago.
My child is 11 and I've not yet asked him to leave - I needed to seek advice first and work out my options and he's way to deal with situation. Thanks
Customer: replied 1 year ago.
I mean best way to dal with situation
Expert:  Clare replied 1 year ago.
Hi
Do you think he will agree to leave?
Clare
Customer: replied 1 year ago.
Yes I'm sure he will
Expert:  Clare replied 1 year ago.
Hi
Has your ex already demanded that the house is sold?
Clare
Customer: replied 1 year ago.
Yes as soon as I remarried he has said he wishes to sell the house as he wants to buy another it's new partner. He does however have the means to do this without selling this house, but I know that is neither here or there.
Expert:  Clare replied 1 year ago.
Hi
I assume that you had made plans for this when you decided to get married - what were they?
In what way is your husband abusive/
Customer: replied 1 year ago.
Yes we had talked about buying another home. He is very verbally aggressive and explosive to me And sometimes my son. He has never been violent. But the words that come out are awful. He broke down and sought help before we married and things were getting better, but since the wedding three weeks ago he has become unbearable, as if he doesn't have to try anymore and I can't face living my life being shouted and screamed at and I fear he will start becoming like this with my son. I just wish I hadn't married him. If the house is sold there is not enough equity to buy a home for my son and I in this area.
Customer: replied 1 year ago.
He has been violent with objects though, yesterday he smashed the microwave up because it was beeping constantly, he's kicked and punched things.
Customer: replied 1 year ago.
He originally lives 50 miles away and this is where he works and all of his friends and family are situated. He also owns two other properties that are rented out. He moved from there to move in with me.
Expert:  Clare replied 1 year ago.
Hi
The sooner he leaves the house the better it is and the more likely it is that you will be able to remain in the property.
Whilst you cannot start divorce proceedings for another 11 months it is important that you make is plain that proceedings will be applied for promptly - and that having left the property your husband does not return - and that of he tries to do so you apply for an Occupation Order.
Assuming you do all of this if your first ex applies to the court for an Order for Sale it will be refused as the property is still needed as a home for the child
I hope that this is of assistance - please ask if you need further details
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33813
Experience: I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
Clare and other Family Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank you so much I will to this asap
Expert:  Clare replied 1 year ago.
You are most welcome - I hope all goes well
Clare

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