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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33290
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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My husband has decided he wants a divorce and sell the

Customer Question

My husband has decided he wants a divorce and sell the house. I'm a childminder so I use the house for work. Need some advice
Submitted: 3 months ago.
Category: Family Law
Customer: replied 3 months ago.
Please can you help
Expert:  JGM replied 3 months ago.

Your husband may be taking a fairly simplistic view of this. A divorce can involve a lot more than the house. It can involve money, pensions, savings, children etc etc. If you need the house for childminding and he insists on a sale, he may have to pay you additional maintenance to make up for the fact that he has removed your source of income for example. Generally all marital assets are divided equally under Scots law but where the family home is directly involved in your occupation, a different view may have to be taken. For example the court could say that the house wasn't to be sold before a particular date. Or that it can be sold but you are to be given an extra amount from the sale to compensate for loss of earnings. There can be various possibilities depending on your particular family circumstances of which I have no information. You might want to have a consultation with a local family solicitor who can advise on your particular situation. In the meantime I hope that gives you some information generally. Please leave a positive rating so that I am creditd for my time.

Customer: replied 3 months ago.
I don't want my marriage to end. This is my second marriage and his third. I have brought up his children for last 7 years as they live with us. We have no children together. I would like him to go to counselling but he says it's my problem not his
Expert:  JGM replied 3 months ago.

There is no legal obligation on him to go to counselling or mediation. He would have to go voluntarily or on your persuasion I'm afraid.

Customer: replied 3 months ago.
It seems so unfair that I loose everything. I tried talking but he just won't communicate
Customer: replied 3 months ago.
We are still living together in the house and I'm finding it really hard
Customer: replied 3 months ago.
Does this stand in Kent too? He has just asked why I don't want to sell and I said I want to make our marriage work and he said he was going to see a solicitor
Customer: replied 3 months ago.
Please answer
Expert:  JGM replied 3 months ago.

I have this as a Scots law question. What is the connection to Kent?

Customer: replied 3 months ago.
I live in kent
Expert:  JGM replied 3 months ago.

In that case your question should not have been sent to the Scots law section. I will have you transferred to the English law section. Do not respond to this message or else the question will come back to me.

Customer: replied 3 months ago.
Hi
I haven't heard from anyone from English law section
Expert:  Clare replied 3 months ago.

My name is ***** ***** I am an English solicitor

How 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 3 months ago.
I'm not sure I know he has just taken a big loan against the house to pay off his credit cards
Expert:  Clare replied 3 months ago.

Best guesses will do.

I shall be out now at a meeting but will be back on this evening

Customer: replied 3 months ago.
I think it's around £300 thousand. It's a six bed house been extended. I use it for work so where do I stand on that as will loose my job and be homeless . Not sure if I will get a mortgage
Expert:  Clare replied 3 months ago.

Have you checked that price of Zoopla or something similar?

Customer: replied 3 months ago.
No I'm hoping it's worth nearly 600.000
Customer: replied 3 months ago.
Where do I stand with loosing my job?
Expert:  Clare replied 3 months ago.

Best guess on the mortgage (and I am aware of the job issue I promise)

Customer: replied 3 months ago.
Think he pays about £2000 a month
Expert:  Clare replied 3 months ago.

What was your housing position prior to moving in with him?

Customer: replied 3 months ago.
This was my house with my ex husband then Nick bought him out.
Expert:  Clare replied 3 months ago.

I see

How much does a two bedroom property in the same general area cost to buy

Customer: replied 3 months ago.
Around £200,000 ish
Expert:  Clare replied 3 months ago.

Could you work from one like that?

Customer: replied 3 months ago.
Would be hard as got loads of toys and two children. Need space.
Expert:  Clare replied 3 months ago.

How much would you need - realistically

Customer: replied 3 months ago.
I would say around 250,000 to £300,000. That not likely though
Expert:  Clare replied 3 months ago.

Do you mean there are no such properties in the area?

Customer: replied 3 months ago.
No not really. I can't really nice area as my son has just taken his options so next two years are really important for him
Expert:  Clare replied 3 months ago.

Have you checked on Right move/Zoopla?

Customer: replied 3 months ago.
No not yet. He is now saying he will stop paying the mortgage
Expert:  Clare replied 3 months ago.

What income do you each have?

Customer: replied 3 months ago.
Not sure of his but he is a dc with met police I'm on around £200 a week
Expert:  Clare replied 3 months ago.

How long have you lived together?

Customer: replied 3 months ago.
For about 6 years I paid for everything for the first two until he sold his house
Expert:  Clare replied 3 months ago.

How much is outstanding one the mortgage and loans - again best guess will do

Customer: replied 3 months ago.
I'm really not sure. He pays around £2000 a month at the moment I think
Expert:  Clare replied 3 months ago.

You were not involved in these?

Customer: replied 3 months ago.
He he has always sorted and just got me to sign the papers . I never thought this would ever happen as trusted him 100%
Expert:  Clare replied 3 months ago.

Have you looked for copies - this could be important

Customer: replied 3 months ago.
I haven't had a chance as he is always here
Expert:  Clare replied 3 months ago.

Ok

I am afraid that he will be able to force a sale of the property - BUT from what you have said it is likely that you will be able to receive all the equity to rehouse yourself - and possibly some short term spouse maintenance to cover the period whilst you are re-establishing your business in your new property.

I am sorry - I know that this is not the news that you wanted - please ask if you need further details

Customer: replied 3 months ago.
I have looked around for a size house that would be suitable for my work I'm looking at £300.000 plus.
Customer: replied 3 months ago.
Even though he bought my ex out?
Expert:  Clare replied 3 months ago.

That does not change my suggestions 0 but it does look as though you will have the funds

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