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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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Please can you advice I am enquiring regarding divorcing my

Resolved Question:

Please can you advice I am enquiring regarding divorcing my husband, I am 42 have two children 11 and 14, and a family home which we have both contributed to. I currently work part-time but can up this as children are both a secondary school. My husband is the current earner. He has been advised by a solicitor that he would be entitled to 50% of the house and 50% of custody of the children, and that the house would be sold to accommodate this. I am divorcing on Emotional abuse for many years, he also has incurred debts from gambling and had depression in the past, can he be forced to accept an offer before having to go to court and could these areas help in this situation. Please advise where I stand.
Regards Nicky
Submitted: 10 months ago.
Category: Family Law
Expert:  Clare replied 10 months ago.

Thank you for your question

My name is Clare

I shall do my best to hep you but I need some further information first

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 10 months ago.
The house has been valued at 515,000 with only one valuation the mortgage outstanding is 47,000, assets wise only cars and he will have quite a large pension. He earns £55,000 and currently working part time I earn 10,000
Customer: replied 10 months ago.
please advise if charge for answer is a one off and not each time a question or further information is provided thank you
Expert:  Clare replied 10 months ago.

Do not worry - the answer includes all the exchanges until I have the information I need to help you- and you are sure you have the informtaion that you need.

How much does a cheaper three bedroom property in the same school are cost to buy - and without asking them how do you think the chidlren will wish to share their time between you?

Customer: replied 10 months ago.
Thank you.I wouldn't be able to obtain a three bedroom property in the same area for less than 450,000 we only have an ex-council house so nothing elaborate. I think my daughter would prefer more time with me but my son (11) would be torn between us both
Expert:  Clare replied 10 months ago.

Do you have any ides how much his pension is worth?

Customer: replied 10 months ago.
I have no idea I am afraid but has been paying it since the age of 20ish and over the last few years 5/6 he has contributed extra to it he is 46 so still a bit of time of working left
Expert:  Clare replied 10 months ago.

Your husband has not been honest with you at all.

You have been the main carer of the children until now and that is what is likely to continue, with the children also spending time with their father.

Shared care does not mean a 50/50 split and given their ages it is up to the children how they wish it to work

With regard to the house the housing needs of you and the children will be the priority and since half of the equity will not be enough for you to purchase a property you will get more than 50% - as much as you need to purchase another property - although you may have to pay some of it back when your youngest is 18 or if you cohabit.

I say may a sit is likely that you would get a 60/40 split in your favour anyway, and if you take your share of his pension as capital rather than as a Pension and you give up your claim for spouse maintenance then you could receive all the capital without any chargeback.

I hope that this is of assistance - please ask if you need further details

Customer: replied 10 months ago.
Regarding the house would I be forced to sell the property and obtain a new one or can I stay in the property and at that split and pay him his share and could he be forced to accept this, could you please advice if the gambling issue and depression would be taken into consideration in my favour. He has gambling debts would this be something that I would be responsible as well as him he is in a debt repayment scheme at the moment. Thank you
Customer: replied 10 months ago.
Can you also please advice what is a normal amount of costs if this goes to court. Thank you
Customer: replied 10 months ago.
Could you also advice regarding legal separation and whether my husband has to agree to that thank you
Expert:  Clare replied 10 months ago.

The gambling is a reason for the divorce

The Depression might raise a question mark over his ability to care for the children

IF you can raise the money to buy your ex out that is indeed an option

You are not responsible for his gambling debts.

The Court fees for a Divorce is £550 - how much you spend on a solicitor is up to you!

There is no such thing as a "Legal Separation" - if you live apart then you are separated!

Customer: replied 10 months ago.
If we both want to buy each other out and cant agree can the house be sold in this situation, thank you
Expert:  Clare replied 10 months ago.

If you can buy him out then that would be seen as the appropriate option

Clare and 2 other Family Law Specialists are ready to help you

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