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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33324
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 separated from my husband in October 2015. He has always

Customer Question

I separated from my husband in October 2015. He has always paid the bills for our house, including the rent. The rental agreement was in his fathers name because his credit score wasn't strong enough. However, my husband paid the actual monthly fee. He also has paid for me to have a car for the past 5 years.
We were married for 3 years 6 months. We have two children, one three year old who is biologically his, the other is a 9 year old whom he was given parental rights at court for, and I have the residency of her.
He owns a rental property, which is on a tracker mortgage. The mortgage is £120 and the rental income from this is £575. It has current tenants who are on a rolling lease, they have been there just over 2 years.
He tells me he has filed for bankruptcy.
He is a police officer earning £34,500 per year. He was also a professional cricket player who earned £4000 for this last year, but he has now resigned when we announced our divorce. I assume to minimise his earnings.
I have been contacted by the landlord of my home where I sole reside with our two children, and have been informed he has cancelled the tenancy agreement and I have to leave by Feb 25th.
I have limited income due to being a full time mature student (31). We decided two years ago to provide a better life for our children I would go to university. I'm now half way through my law degree. I cannot afford the rent of our property on my own, I offered to move into the rental property he owns and pay the mortgage. He has refused.
My credit score won't allow me to rent a private property, and I have no family who can help or live near me that I could live with.
They council have told me come Feb 25th my daughters and I will be placed in a hostel because they cannot house us in such short notice.
My husband has also told me I have 5 days to give my car back to the finance company. This will stop me from working or going to university which are over 30 miles away. I can walk my children to school.
Is there any kind of emergency order I can apply for to make my husband pay the rent until our divorce is heard, a suitable settlement is made or the council have a suitable property for us? He's said once I move he will pay £400 a month in maintenance for the children. He currently pays £925 combined per month for my car and house, but no actual maintenance for the children.
Any other suggestions would be welcome?
Submitted: 10 months ago.
Category: Family Law
Expert:  Clare replied 10 months ago.
HiThank you for your questionMy name is ***** ***** do my best to help you but I need some further information firstAre you willing to issue immediate divorce proceedings?
Customer: replied 10 months ago.
He says he's prepared his petition to do this, but if I stand any chance of sorting this situation quickly I could do.
Expert:  Clare replied 10 months ago.
Would you be content to live in the rental property - even if the mortgage goes up when it ceases to be a buy to let/
Customer: replied 10 months ago.
Yes I'd be happy to do this. I only want to live there for an additional 2 years until I go back into full time work, after completing university & my lpc
Expert:  Clare replied 10 months ago.
Hi
Your ex is playing games with you I fear
One option is to issue a divorce petition based on his Unreasonable behaviour and then make an immediate application for the financial issues to be dealt with and for interim spouse maintenance to cover rent on a property whilst the long term arrangements are made.
You can also ask for money for a car!
In the long term there is no reason why you should not take over the rental property - the Trustee in Bankruptcy will have no interest in it if it is in negative equity
You should also be eligible for both child and spouse maintenance whilst you finish your studies.
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 10 months ago.
Thank you Claire, it is as I suspected but I wanted to make sure. What do I need to do and file with the court now? I'm assuming my petition for divorce, where I state all behaviour? Lodge that with the court for the divorce?
What's the order called that I need to file for an interim spousal maintenance and to get it heard asap? Technically we'll be homeless come Feb 25th.
Can I also ask the court to make him pay for me filing all this? He's told me since October he was doing it and nothing has materialised.
You've been very helpful so far, I can't thank you enough
Expert:  Clare replied 10 months ago.
Hi
Yes you need to file a D8 - no need to go overboard on the allegations - and by all means claim costs.
You then need to file a Form A - and ask for amongst other things spousal maintenance.
In the meantime do make an urgent appointment with a Family Mediator
It may be that when he realises you know what you are doing your ex will be more willing to negotiate
Clare
Customer: replied 10 months ago.
Thanks Claire.
I wanted mediation. He said his solicitor said 'we're not appropriate for mediation' and he doesn't want it. Am I allowed to file the court forms and find a mediator at the same time? I don't want to mediate, show my hand and waste next week when our move out date is so close. We've been negotiating for months, I've been promised the rented but owned house and then last week I got told over two days the rental house I'm in is going, as well as my car. I know they're playing nasty, and I no longer trust anything they say.
Expert:  Clare replied 10 months ago.
He is something of a fibber isn't he?You will be applying on the basis of the urgency of the matter - but it never hurts to keep the mediation possibility open as well
Customer: replied 10 months ago.
And I'm a law student.. So I don't know why he thinks he can get away with it! Thanks for your help, I'll ask again if I have anymore issues but I'll be aiming to fill In the docs early next week ūüėä
Expert:  Clare replied 10 months ago.
Hi
Go for it!
clare
Customer: replied 10 months ago.
Just checking this is correct... Under d8 form - financial order - I'm asking the court to grant a) an order for maintenance pending suit/ outcome (for maintenance for myself to cover rental and car costs) in periodical payments (weekly/ monthly) a property adjustment order ( even though I only want to live in the house not have it transferred to me?) and for the children a periodical payments order for maintenance? Thank you
Expert:  Clare replied 10 months ago.
Hi
Yes tick all the boxes - all it does it keep the options open - the actually application is separate
Clare

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