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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33801
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 been married for 2 years and together for 5. I have 3

Resolved Question:

I have been married for 2 years and together for 5. I have 3 children. my youngest child who is 3yrs is biologically my husbands child but he has been my middle childs who i 6yrs old dad since he was a baby and brings him up as his own. My daughter is 15 ands her own father
i had a house i bought before we got together in another city and we live in our marital home where the mortgage is in my husbands name.
i want a divorce on grounds of unreasnable behaviour. He says that i should go and live in my house in cardiff (we live in bristol) and he should stay in our home now. He says the court see we have a house each. I am worried as i have tenants paying the mortgage and if i moved in i have no way to pay my mortgage and therefore putting the property at risk of repossession. What would actually happen in this situation? the cardiff house has maybe 10,000-20,000 equity and our home has about 70,000 equity.
Submitted: 6 months ago.
Category: Family Law
Expert:  Clare replied 6 months ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further informtaion first.

How much would a cheaper three bedroom property in the same school area cost to buy?

Customer: replied 6 months ago.
you couldnt get a cheaper house. house prices have increased a lot.
Expert:  Clare replied 6 months ago.

For clarity - there are no cheaper three bedroom houses in the school area?

How much is your current property worth?

Customer: replied 6 months ago.
in the school area would be more expensive. we live a little way from school because its cheaper. our house is worth about 230,000. you would struggle to find a cheaper house in this area with 3 bedrooms. I must add that i also was bankrupt 2 years ago so i would probably never get a mortgage again even if i had a job
Expert:  Clare replied 6 months ago.

Are you aware that the site charges more for phone calls?

Are you willing to sell your property?

What income does your ex have?

Customer: replied 6 months ago.
i am happy to chat online.
he has his own business earning about 50,000 a year
if i had no choice i guess i could sell but i would have to rent which would cost more maybe.
at the moment he gives me 700 a month and wants me to buy food for the family but my personal outgoings are 600 so i am getting into debt again. if i use the money he gives me on my outgoings he will refuse to give it to me.
Expert:  Clare replied 6 months ago.

Would you rather live in Bristol or Cardiff?

Customer: replied 6 months ago.
i dont know if i had choice neither, before deciding on divorce we where about to move up north and buy a house to be closer to my family. maybe cardiff
Expert:  Clare replied 6 months ago.

Ok

Where do you wish to live with the children?

Customer: replied 6 months ago.
cardiff, its not very nice where we live in bristol
Expert:  Clare replied 6 months ago.

How much notice do you need to give the tenants an dhow much is that house worth?

Customer: replied 6 months ago.
i need to give the tenants 2 months notice and the house is worth around 220,000
Expert:  Clare replied 6 months ago.

Excellent

What income do you/can you earn - apart from the rent for the property?

Customer: replied 6 months ago.
i have no income. the rent provides no income it just pays the mortgage.
i just gave up a part time job because it was costing us more money on childcare than what i was earning.
Expert:  Clare replied 6 months ago.

What will you be able to earn when you are able to go back - or do you need to retrain?

Customer: replied 6 months ago.
retrain. i want to do a beauty aesthetics course. my husband was supposed to pay for it but now we are divorcing. it cost 3500
and to set up st start earning would cost another possible 2000- 4000
Expert:  Clare replied 6 months ago.

How long will that take and what could you earn at the end of it?

Customer: replied 6 months ago.
it would take about 6 months and it would take a while to build clients self employed. maybe 15-20,000 a year but could be alot less
Customer: replied 6 months ago.
do you need anymore information?
Expert:  Clare replied 6 months ago.

My apologies for the delay

In the event that you divorce then there is no reason why you shoudl not return to your property in Cardiff if that is where you wish to live.

However if your ex wishes to retain the matrimonial home then he will have to pay you a lump sum settlement; Child maintenance at 16% of his gross income (at most) and

Spouse Maintenance to allow you to retrain and support you until you are able to maintain yourself - possibly for up to five years

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

Customer: replied 6 months ago.
would that be 50% equity of the marital home or equity of both houses split then difference or would i get a bigger split having the children?
Expert:  Clare replied 6 months ago.

That is a little difficult to judge

It is likely to be a split of the two equities added together.

If you want to have spouse maintenance then a 50/50 split is most likely

Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33801
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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