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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33304
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 now divorced but still sharing the family home with ex

Customer Question

I am now divorced but still sharing the family home with ex and my 9 year old son..Just before i filed for divorce I drew up an agreement between me and my ex that states that i.am allowed to live in the family home and continue my childcare business from the same as its my sole income. I Had the document legalised after we both signed it..My name is ***** ***** the family home...
I gave him the option of taking his share of the equity and leaving...
What can i do xx
Submitted: 9 months ago.
Category: Family Law
Expert:  Clare replied 9 months ago.
HiThank you for your questionMy name is ***** ***** dd 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 are there and what income do you each have?
Customer: replied 9 months ago.
House is worth 500 000
My name is ***** ***** property
He has roughly 45 000 left to pay off
No assets ..his car is in my name
Moved here 11 yrs ago thru marriage.
I am the one that filed for divorce under amicable grounds
My tax return states i earn under 30 000
Dont know his income as he never shared this with me ...
My business has been on this property for 7 plus years and I dont want to move as it will mean me closing down my only source of income
Also dont want to upset my son's setting ..was suggested before to put staying order on at land registry but dont want to create more trouble than i need to x
Customer: replied 9 months ago.
I know he earns over 60 000 as he cant claim child benefits without having to oay taxes on it
Expert:  Clare replied 9 months ago.
Just to check - could you not establish your business in an alternative property?
Customer: replied 9 months ago.
I am not making enough to pay rent else where..and i will lose all my clients because it can take up to 10 weeks to gain clearance from ofsted...
If it was that simple I would have done it already x
Expert:  Clare replied 9 months ago.
I meant in another purchased property?
Customer: replied 9 months ago.
What will happen to my current parents and how am I supposed to have income if that happens...I dont want to leave this property x
Expert:  Clare replied 9 months ago.
OkI do still need to know how much a two bedroom property in the same school area would cost to buy?
Customer: replied 9 months ago.
In the sw19 postcode where i.am its 400 000
In sm4 morden postcode min 330 000
Expert:  Clare replied 9 months ago.
Is your ex refusing to leave?
Customer: replied 9 months ago.
My ex keeps saying he cant continue to love like this and he needs to move on so i said i am helpless and cant move so told him.the only thing i can think abt is for him.to take his share of the equity and putting the house in my name
Customer: replied 9 months ago.
Live not love
Expert:  Clare replied 9 months ago.
HiHow much money could you raise to pay him off?Clare
Customer: replied 9 months ago.
I tried to get a mortgage but they said because i have no assets in my name and I am self employed it will be taking a risk to sign me up ...At max i can only get 110 000...
Customer: replied 9 months ago.
I have no family here to lean on so its not possible...x
Expert:  Clare replied 9 months ago.
Just to check - you oculd actually raise £110,000?
Customer: replied 9 months ago.
I cant as i dont have assets to show...thry will not let me sign x
Expert:  Clare replied 9 months ago.
The starting point for division of the assets is 50/50 but the court has the power to depart from that and distribute the assetsin any way they think fair and the priority for the family court is the safe and secure housing of the childThere is sufficient equity in the property that it could be sold and you could have enough capital to purchase an alternative property for you and your son.Your ex would then have to wait for his share of the equity until the child is 18 - or you cohabit.At that point I would expect you to receive between 60% and 70% of the equity depending on what if any capital he receives on sale.I do understand that you do not wish to move as it will disrupt your business - but since you cannot raise any funds to either release him from the mortgage or buy out any of the equity the court is simply not likely to force him to leave and you remain in the house.The starting point is to try and discuss matters with him using Family mediationwww.familymediationcouncil.org.ukPlease ask if you need further detailsClare
Customer: replied 9 months ago.
Thank you clare...you have been most helpful...xx
Expert:  Clare replied 9 months ago.
You are most welcome - I hope all goes well

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