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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34288
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 have currently separated from my husband. We have

Resolved Question:

Hi,
I have currently separated from my husband. We have been together for 9 years and loved together for 7 years. We have been married 3.5 years. The house was mine originally his name never went on the mortgage. We have done a few home improvements over the years. The house is in negative equity how does this work? In addition he is wanting to take all the bedroom furniture from the home is he entitled to half the contents? I have a 12 year old son too. Any advice would be appreciated.
***** ***** ***********
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 much is the house worth and how much is outstanding on the mortgageWhat financial contribution has your husband made to the household?
Customer: replied 1 year ago.
The house is worth about £90000-£93000 and currently mortgage is £113000
Customer: replied 1 year ago.
If easier to call my number is *****
Expert:  Clare replied 1 year ago.
I am afraid that the site charges more for a phone call.May I ask how the negative equity has arisen?
Customer: replied 1 year ago.
Hi the mortgage was put on to interact only 6 years ago to save for our wedding and then has not gone back to payments. It was already in this value too! He moved in 6 years ago for 2 years all he paid was the gas and electricity. Over the time we have decorated the house nothing major like no new kitchen or bathroom. Just replaced bedroom furniture! He wants to take this as we bought it with money he got from losing his nan? Is he entitled to that? We earn pretty much the same income so have contributed to our life equally.
Thanks
Diane
Expert:  Clare replied 1 year ago.
May I ask which part of the UK you are in?
Customer: replied 1 year ago.
Liverpool
Expert:  Clare replied 1 year ago.
Do either or you have pensions?
Customer: replied 1 year ago.
Yes we both got the pensions when auto enrolment came out
Expert:  Clare replied 1 year ago.
How much is the furniture worth?
Customer: replied 1 year ago.
It cost around £2,500 he wants to take it Thursday should I let him or wait and go through solicitors for everything?
Expert:  Clare replied 1 year ago.
Have you started divorce proceedings?
Customer: replied 1 year ago.
No not yet only been separated 2 months will start them though.
Expert:  Clare replied 1 year ago.
When was the furniture purchased?
Customer: replied 1 year ago.
It was 2013. He bought it with money he was left from his nan passing away. Can you please answer whether I should give him as he is planning to come and take it tomorrow. Also if I am legible to take him for half the negative equity in the house. Thanks
Expert:  Clare replied 1 year ago.
I have to be realistic I am afraid and not mislead you about your options.The value of Second Hand bedroom furniture will not be high and if your ex is willing to leave the marriage and just take this then it is unlikely that a Courtwould see it as unreasonable.You can certainly refuse to let him take it at the moment - but in the long term he is entitled to a share of the contents given that you have lived together for seven yearsWith regard to the property if you were wishing to sell the property then yes you could claim some of the negative equity - but if you wish to remain there then there is nothing you can do.I am so very sorry - I feel that you are losing out in every way but sadly there is no better news I can givePlease ask if you need any further details
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