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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Hi Claire you have previously given me advise. Sorry this may

Resolved Question:

Hi Claire you have previously given me advise. Sorry this may be abit of a long explanation. I have started divorce proceedings with my husband and now want him out of the house. I have tried unsussecfully to sell the marital home on and off for over 6 months. The approx value of the home is £290-300k although I have recieved no offers at these amounts. The highest being £270k in April last year. I spoke to a local lawyer who suggested my ex was untitled to 40% of the equity in the home. We have a 7 year old child and I have a 15 year old daughter. Now I am also a foster Carer and have 4 children under my care. So really want to remain in the family home as the size is sufficent for me to continue fostering and living with my children. An alternative property would cost in excess of £325k. My next problem is I am unable to get a mortgage to buy him out as most companies do not see foster caring as a job so will not give a mortgage. Ok, I was able to secure a loan for £50k out of which my ex initially agreed to accept £20k to move, now I want to stay in the property he wants 35% and evidence of all our debts just in case he is entitled to more. Our debts of about £20k and I want to request my £30k initial payment be removed before the split and the outstanding mortgage is currently £147k so he would get in the region of £40k+. I have offered him £37k and he still refuses demanding evidence of all outstanding debts first. I know the alternative is to not buy him out and make him wait until our son is. 18 and out of education. My main concerns are:

Does he have to remain in the home as currently he makes excuses why he can't move, mainly he wants his money first before he moves,

Secondly he said he can't afford to pay maintenance to our son when he moves as his rent will be too high,even though he intends to leave with quite a few thousand.

I can't secure the loan to pay him out unless he signs a letter to say he will be moving and we are getting divorced as the loan company sees his credit history as a liability.

If I don't sell the home until my son is 18 does he still benefit from the profit from the house?
Does he have to contribute to the mortgage?
The house is in my name only. Do I need his permission to get a secured loan and do I have to give him any of the money?
Can we agree and fix a figure from now and I pay him off in intervals say over a 2 year period.
Another problem is his work contract ends in February and I believe he may just leave the uk and go back to his country of birth and not pay any maintenance at all
Or even worse just stay in the house and do nothing as he can't afford to leave

Sorry lots of questions, getting quite desperate this is making me ill, he just doesn't want to leave and is creating obstacles.
Submitted: 3 years ago.
Category: Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
I will do my best to help you but I need some further information first.
How much is outstanding on the mortgages
Clare
Customer: replied 3 years ago.
£148,000 on mortgage
And about £20k in loans spent on the property
Expert:  Clare replied 3 years ago.
Hi
Are you willing to start divorce proceedings
Clare
Customer: replied 3 years ago.
Have already started , it has been acknowledged and papers returned are application for deci nisi conditional order and statement to support divorce unreasonable behaviour. Theses papers I have in hand now.
Expert:  Clare replied 3 years ago.
Hi
Your ex cannot force a sale of the property until your youngest is 18 and that is when 40 % would be a realistic figure for settlement although from what you have said before I would have thought you might have been able to reduce is to 35% - maybe less.
If you are paying him off now then your offer is a generous one - and if he is not willing to accept it then you should apply to the court for the financial issues to be dealt with and let the pressure of the process bring him to the understanding that Iif he does not settle he may end up waiting for his funds.
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 3 years ago.
What about the payment side please? If I am left paying the mortgage does he still have such a high claim or should he contribute to the mortgage also in order to reap the benefits in the future?
Also where do I stand with regard to maintenance?
Could I request also a lump sum for my son from him, he admitted via email in the divorce proses that he was irresponsible with money and had no interest in the family.
Expert:  Clare replied 3 years ago.
Hi
Unfortunately maintenance is income based - but that does not mean that you cannot ask for a lump sum in lieu - just that the court will not Order it unless he agrees.
So far as the mortgage is concerned I am afraid that if he has to wait for his share then the fact that he has not paid the mortgage is not relevant - however your ex WILL have to leave the property in the mean time.
So long as he is working you can claim maintenance - via the CSA if necessary
Clare
Clare and other Law Specialists are ready to help you
Customer: replied 3 years ago.
Not sure if I can add to my previous question but my husband has refused my offer of £27k and wants me to. Complete and e form of all my assets and out goings as he wishes to claim a share. I do have £6k of savings, for my tax bill as I got caught out last year and had to pay £10k. Do I have to declare this on the form or can I just pay that against my tax now. I think it's unfair that he would be entitled to this as he is able to pay his tax monthly through his wages. I don't have anything else but I have to declare all my assets over £500, does that icloud thing like my wedding ring/ engagement, tv and things like that. Do you think this behaviour will go against him if this form is presented in court, him being the person who caused a demise of the marriage due to several infidelities and his blatant attempt to now 'rape' the family of the remaining assets, no pay any money towards the house or his son (as he still can't afford it) I'm tired and angry. Should I submit the form and should I add any information as to why I think he does deserve any more than I offered. Also if the court decides the property is not to be sold right now, would they set a figure and allow me to pay this off before my son reaches his 18th birthday, I don't want him to gain any further funds at our expense.
Expert:  Clare replied 3 years ago.
Hi
There is no reason not to complete a Form E - it is in fact a sensible step to exchange these anyway.
Provided you can show that the money is set aside for a potential Tax bill that is fine - or you could pay it now if you wish - it makes no difference either way
It is the current value of items that are relevant - not what you paid for them - so unless you have antiques the contents are not relevant
If the court sets a percentage then when you pay it is up to you
Clare
Clare and other Law Specialists are ready to help you