How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33306
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
13262538
Type Your Law Question Here...
Clare is online now

Im married more than five years with my wife, and since one

Customer Question

I’m married more than five years with my wife, and since one year ago our marriage was getting worse and worse, 8 months ago she pushed me for an argument and then we had a fight at home and I was cautioned by the police, since that day I left the home to avoid trouble with my wife.
We bought a property together two years ago, and I want to divorce from her but she doesn’t want to sign the divorce documents and she is now still living in the house and I’m renting with my new girlfriend.
I’m still paying the mortgage for the property from our sharing account, and I’m worried about my legal situation now? And about my property if I will lose it or not? She doesn’t want to buy my house share and she doesn’t want to sell me her share?
Please advise me?
Submitted: 3 years ago.
Category: Law
Expert:  Clare replied 3 years ago.
Hi
Thanks for using JustAnswer. My name isXXXXX will do whatever I can to answer your question
How much is the house worth and how much is outstanding on the mortgage?
What other assets and debts are there and are there any children involved?
Claire
Customer: replied 3 years ago.

Hi Claire

 

Regarding your question, We do not have any children, and we got the mortgage from Santander bank on the 07th Jan 2011, we bought the property £260,000, we borrowed from the bank £208,000 and we paid deposit £52,000.

But the property wasn’t in good condition so I refurbished the property and spend over £20,000 on the refurbishment, so now it worth approx £300,000, and we still owe the bank after two years fixed rate £202,000.

I want to know what is the worst scenario or procedure she can do against me? and how I can protect myself and end this marriage.

 

One more thing we do not have any other assets but I know she has flat in Hungary under her name,

Expert:  Clare replied 3 years ago.
Hi
How much do you each earn?
Claire
Customer: replied 3 years ago.


Hi Claire


 


My yearly basic Salary is £22:000 and her yearly basic salary I’m not sure but between £18:000 and £19; 000.

Expert:  Clare replied 3 years ago.
Hi
May I ask why you still have a joint account with your ex and why you are still paying towards the mortgage?
Claire
Customer: replied 3 years ago.

Hi Claire


 


When we bought the House we opened the joint account to monitor our payments, all the house bills and the mortgage payments goes out from this account, and when we split up we kept the joint account for the house because she is paying half the mortgage and the bills and I’m paying half as well, if I stop paying in the account she will do so also, then the bank will sell the house and I don’t want that to happened.


I bought this house and I did all the research and the hard work in the property and she only contribute with her money and that’s why I’m trying to buy her share, she knew I love this property and I’m trying every peaceful solution with her without fighting in the court?


Sometimes she tells me to wait because she is looking for new property for herself? And I don’t believe that and 10 days ago she asked me to pay her £50,000 for her share (Which I agreed even I don’t have the money) and she said that she will sign the divorce paper and leave the house, but when I asked her to start the paper process and I will the Solicitor fees also? She refused.


It looks like to me that she is buying time for some reason?

Expert:  Clare replied 3 years ago.
Hi
You have no need to be paying any of the bills - transfer them into her name and leave her to it.
I would also suggest that you close the joint account immediately.
technically you cannot be forced by your ex to pay the mortgage or anything toward sit - but if you feel that you have to continue to pay half then do so from your own account.
However so long as you are paying towards all her bills then your ex certainly has no reason to move on.
If you divorce your ex for Unreasonable behaviour then you do not need her co-operation, so I suggest that you issue the Petition as soon as possible - and once you have done that you apply to the court for the financial matters to be dealt with.
At that point she will either have to buy you out or accept your offer to buy her out - as otherwise the court will order it.
Claire
Clare, Solicitor
Category: Law
Satisfied Customers: 33306
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
Clare and other Law Specialists are ready to help you
Customer: replied 3 years ago.


Thank you for your help

Expert:  Clare replied 3 years ago.
Hi
You are most welcome - good luck
Claire

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Last | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice