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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34496
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Hi, I am splitting up from my husband, we own our own house,

Resolved Question:

Hi, I am splitting up from my husband, we own our own house, we have 3 three children ages 8, 6 and 3. Will I be allowed to stay in our house with him supporting us or will we have to sell, if so what proportion of the sale would I be entitled to, there is about £150.000 equity in the house. Also what benfits will I be able to claim if I had to find somewhere else to live.
Submitted: 4 years ago.
Category: Law
Expert:  Stuart J replied 4 years ago.
Is your name on the deeds of the house?
Expert:  Clare replied 4 years ago.
Hi
How much is the house actually worth and how much would a three bedroom property in the same general area cost?
What income do you each have?
Claire
Customer: replied 4 years ago.


Hi, No I am not on deeds of house he has always said its not necessary as my earnings have never been taken into account when buying houses. Our house is actually worth in the region of £170.000 4 bedroom. A three bed house in the same area goes for £145,000 - £150,000. He earns £24,000, I am not working at the moment as I took time out to look after children. I am currently training to be a childminder though so will be earning by the summer hopefully but obviously don't know yet how much.


Hope this helps. Thank you.

Expert:  Clare replied 4 years ago.
Hi
Did either of you bring capital to the marriage?
Claire
Customer: replied 4 years ago.

Hi, He was already in the house when I met him in 1994, I just moved in, so I didn't have to put money in to help buy house but he had virtually nothing left in the way of furnishings etc as he had been through another divorce and had to remortage to pay her off, so alot of my money went to buying stuff for the house. She literally left him with one chair one set of cutlery etc, just enough for one person to live.

Expert:  Clare replied 4 years ago.
Hi
The priority of the Family court is the safe and secure housing of the children until they are 18.
This could mean you remaining with the children in your current home - or the house being sold and you receiving all the proceeds of sale in order to purchase an alternative property.
Your husband would then have to wait until your youngest is 18 (or you cohabit) before receiving his 50% share of the proceeds of sale.
He will have to pay child maintenance at 25% of his net income (at most) but he does not earn enough to make spouse maintenance a realistic possibility
You woudl be expected to pay the mortgage and you can check what benefits you will be eligible here
http://www.turn2us.org.uk/benefits_search.aspx
Claire
Clare, Solicitor
Category: Law
Satisfied Customers: 34496
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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