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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34105
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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HiA brief question. My partner is currently going through

Resolved Question:

HiA brief question. My partner is currently going through divorce and a Decree Nisi has been issued. She owns a property jointly with her Ex who moved out into rented accomadation 8 months ago however she now fears , as that tenancy is coming to an end, that he will move back into the matrimonial home. We are aware that he is entitled to do this however would he be able to prevent me visiting and potentially staying over in the property at my partners request ?Thank you in advance for your reply.
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 informtaion firstAre there any children involved?
Customer: replied 1 year ago.
Hi Clare
She has two children a son of 12 who I get on very well with and who currently spends 5 days in every 14 with his dad and 9 with his mum. There is also a 14 year old daughter who does have 'issues' and has been under Child mental health services for some time. She is very verbally and physically aggressive toward her mother and currently lives with her dad full time. My partner ( Sarah) is concerned that if they return to the house it would be very disruptive and potentially put her and the son in harms way hence the possibility I would stayHope that's enough information ?
Expert:  Clare replied 1 year ago.
How far have the financial issues reached
Customer: replied 1 year ago.
An offer was made by the respondent ( the husband) but rejected. There is talk of mediation however there is a lot of angst and it seems likely that there will be proceedings so in short the financial matters are not ell progressed.
Expert:  Clare replied 1 year ago.
How much is the house worth and how much is outstanding on the mortgage?What other assets and debts are there?What income do they each have?
Customer: replied 1 year ago.
Hi ClareI am not sure what relevance that has to the original question which was , if he moves in can he object to her having me visit or potentially stay over given it is a joint asset? However , if it helps , the house is approx. £500,000 and free of mortgage there are significant other assets in the husbands share of his company, two rental properties , investments and cash combined value in the region of £1.2 m ( including the matrimonial home)He earns approx. £120,000 yr her £26,000
Expert:  Clare replied 1 year ago.
I am asking because to have any chance of stopping her ex returning to the property there has to be evidence that he has other options.Given the extent of the assets what is the dispute between them?
Customer: replied 1 year ago.
Hi ClareSorry do not wish to question you! He has made an offer which amounts to assets and cash in the region of £530,000 ( approx. 44% of there total worth and that is based on valuations he obtained on the company shares , matrimonial home and pension without reference to her or solicitors and believed to be under valuations.My partner just wants things over with however the deal being sought is a 'clean break' deal and she feels that she should get at a very minimum 50% potentially a little more as compensation for a clean break as he has considerably more ability to earn in the future. She is even prepared to accept the valuations he has had done though , as stated , she believes they are all substantial under valuations so even a 50/50 split is not really that!We have sort of given up on the idea we can prevent him occupying and are more concerned whether he has the ability to prevent me visiting and possibly staying over. She has conflicting issues as we have both been very careful to introduce me to the children as slowly as possible so , whilst I get on very well with the son, we do not want to push the staying over bit HOWEVER she is uncomfortable at the thought of sharing the house when the relationship is very angst'y ! We are just trying to keep options open.Hope that helps ?
Expert:  Clare replied 1 year ago.
It does.Dealing with your specific query - so long as your partner is in the house she is allowed to have a guest there. The minute she leaves her ex will be able to ask you to leave and you would have to go.However the main issue is that whether you are there or not the atmosphere with in the house would not be conducive to the mental health of either child and on thatbasis it shoudl be possible to obtain an Order preventing him from returning since he clearly has sufficient assets to rehouse himself and their daughter adequately.Given that she has a new partner (you ) and her ex has one of the chidlren a 50/50 split of the assets is likely to be the best deal obtainable - so I would suggest that they agree valuers and to abide by those valuations.I hope that this is of assistance - please ask if you need further detailsClare
Clare and 2 other Family Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank you your help is much appreciated.

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