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ukfamilysolicitor
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 740
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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Me and my husband have seperated and he as moved out of

Customer Question

Hi, me and my husband have seperated and he as moved out of our home and i am there with my 3 boys 12, 14 and 22 it is mortgaged is it right i can stay there till the youngest is 18 and he as to pay half towards the mortgage and bills, but does this change if my new boyfriend so to move in
Submitted: 9 months ago.
Category: Family Law
Expert:  ukfamilysolicitor replied 9 months ago.
Hello Welcome to Just Answer I am a Solicitor and will assist you Please may I ask: - what is the value of the house?- what is the outstanding mortgage?- how many bedrooms is the property?- is divorce contemplated?- what other matrimonial assets are there? including pensions? Kind Regards Caroline
Customer: replied 9 months ago.
1) £155,000
2) £90,000
3) 3 ROOMS
4) Yes
5) Nothing
Expert:  ukfamilysolicitor replied 9 months ago.
Hello Thank you for your response. Just a couple more questions: - what is your earning capacity?- what is your husbands earning capacity?- whose name is ***** ***** in? If joint - are you joint tenants or tenants in common?- who will be undertaking the main child care? Kind Regards Caroline
Customer: replied 9 months ago.
£6,000
£19,000
Both our names
I will be (mom)
Expert:  ukfamilysolicitor replied 9 months ago.
Hello Thank you for your response. I will prepare a full answer for you now. This will take me about 10 minutes. Kind Regards Caroline
Customer: replied 9 months ago.
Thank you xx
Expert:  ukfamilysolicitor replied 9 months ago.
Hello If either of you decided to divorce - then either of you could make a claim in respect of the matrimonial finances. There is a set process to dealing with the matrimonial finances. The first step is full and frank financial disclosure. This is where you and your husband exchange details of all of your assets and liabilities. This includes the equity in the house and also details of your earning capacities. Once disclosure has taken place - discussions can then take place in respect of the division of assets - that being which spouse should get what. From what you have told me - the real matrimonial asset is the matrimonial property - which has approx £65k in equity. The normal starting point for the division of matrimonial assets, with a lengthy marriage (over 5 years) is 50/50. The matrimonial causes act does however set out reasons as to the departure from 50/50. In your case it is relevant that your husband earns more than you do and also that you will be the main carer of your children. In your circumstances you should be arguing for a larger share of the matrimonial assets - somewhere in the region of 10 - 20% more. You also need to consider spousal maintenance to support you. If you do decide to divorce you need to consider referring your case to Family Mediation. There are lots of family mediation services and there will be one local to you. Just google family mediation in your area and give them a call to get the ball rolling. Mediation will help you and your husband go through the process of disclosure and also discussions about division. Legal aid is still available for family mediation and the mediator will assess your means to see if you qualify for legal aid. If your husband wont engage mediation then you should issue an application at court for a financial order so that the court can decide who gets what. If this case was to go to court - given that you have 2 minor children living at home with you - then it is highly likely that the court will consider the childrens housing needs as priority and they will likley order that the house should not be sold whilst the children are minors. It is not uncommon for an order to be state that the house not be sold until certain conditions have happened such as your children finishing full time education or you remarrying. Whilst this all sounds some time off, if you are certain that you want to divorce, then it is still worth dealing with the matrimonial finances now and getting an order to confirm who owns what share of the property and when your husbands share might be realised. I say this because if things are not resolved in respect of the matrimonial finances and you continue to pay the mortgage, until all of your children are grown up and you continue to add value to the property - then sorting out what your husbands share is now means that all the future equity you accrue is yours. You could also include a provision in an order that you would seek to buy out you husband in the future when the children have finished education rather than you having to sell - giving you the option if you wanted too - because you may have more equity in the house at that time to do that. If matters can be agreed at mediation - then you can have what has been agreed drawn up into a consent order and sent to the court for approval. If the Judge approves this then it is legally binding and your husband cannot come back and try and make another claim in the future. In the alternative - if matters cant be agreed at mediation - then apply to court for a financial order so that it can be finalised that way. Do not under any circumstances, sell the house or give your husband any money for his share, without having an order from the court first. If you do this without a court order - then you could be selling yourself short of the larger share you and your husband could also try and make another claim. Also if you do want to divorce - there are court fees - but given your small income chances are you will have the fee reduced or even free. Make sure you fill in this form and send it to the court with your divorce application: https://www.gov.uk/government/publications/apply-for-help-with-court-and-tribunal-fees Please do not hesitate to ask if I can clarify anything for you or if I can help you any further. Kind Regards ***** ***** kindly remember to star rate our service so that we receive credit for helping you today.When you leave positive feedback - your question remains open and I can answer your follow up questions for free for you.
Expert:  ukfamilysolicitor replied 9 months ago.
ps your husband wont be able to make you sell the house - just if a new boyfriend was to move in with you. The court would not be certain that any new relationship might last and would not want to guarantee that any new relationship might not work out. Kind Regards Caroline
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 740
Experience: Divorce, Finances, Children, Domestic Violence, Care Proceedings
ukfamilysolicitor and other Family Law Specialists are ready to help you
Customer: replied 9 months ago.
Sorry but what if it was to work out, does my husband still have to pay towards the mortgage and child maintenance or would that all stop
Expert:  ukfamilysolicitor replied 9 months ago.
HelloIf you actually remarried then it would normal for any provision for spousal maintenance to end.In respect of child maintenance - this would still need to be paid even if you did remarry.Kindest RegardsCaroline

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