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: 33281
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

Ive been separated for 5 years and moved out of the former

Customer Question

I've been separated for 5 years and moved out of the former marital home at the time. I have continued to pay the mortgage and maintenance for my 3 children. 2 of my children, ages 21 and 19 are now at university with my 14 year old daugther still living at the FMH with my ex-wife. I was happy with this arrangement while all 3 children were at home as it mean't some stability for them and me and my wife agreed that once the oldest two had left home, we would sell the house and split the proceeds 70/30 in her favour. However the house had not sold and recently my wife has moved her new boyfriend into the marital home. I still pay the mortgage but he gives me a monthly rent (equal to the monthly mortage amount). I agreed to do this on a 3 month basis as they wanted to see if living together was right for them but after 5 months, he is still there. I've suggested they buy me out but they tell me they can't afford to do this. My feeling is that they are happy to continue indefinately with this arrangement. I am in negative equity on my new aparment and wanted the lump sum (from either buy out or house sale) to reduce my new mortgage and to allow me to move my mortage to repayment. My youngest daughter appears to be happy with the ex's new boyfriend, which is good but i feel i've been used by him and my ex. Reading up on the internet, it seems i don't have much hope to be able to either force him out of the home, get my ex to agree to sell or have them buy me out? I'd like to understand what options i have now and what should i do to protect myself? Can i force my ex to sell the home once my daugther has left school? As they are now co-habiting, could i look to reduce the maintenance that i'm paying for my kids? What % of my net salary should i expect to be paying in child maintenance in this situation?

Any advice much appreciated.

Best Regards
Wayne Niles
Submitted: 3 years ago.
Category: Law
Expert:  Clare replied 3 years ago.
Hi
Thanks for using JustAnswer. My name is Claire, I will do whatever I can to answer your question
How much is the house worth and how much is outstanding on the mortgage?
Claire
Customer: replied 3 years ago.


Hi Claire, thanks for getting back promptly. The house is worth 500k and we have about 160k outstanding. We switched from repayment to interest only after we separated.

Expert:  Clare replied 3 years ago.
Hi
How much does a two bedroom property in the same general area cost?
Claire
Customer: replied 3 years ago.

Hi I would think a 2 bedroom property would be approx 230k

Thanks
Expert:  Clare replied 3 years ago.
Hi
Are you ready and willing to start divorce proceedings?
Claire
Customer: replied 3 years ago.

Yes I am - thanks
Expert:  Clare replied 3 years ago.
Hi
Then you can start divorce proceedings as soon as you wish based on the fact that you have lived apart for more than five years.
At the same time if your ex will not agree to either buy you out or sell the property then you can apply to the court for the financial issues to be dealt with
Since there is amply equity in the matrimonial home and she has a new partner there is little doubt that the court will order an immediate sale
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