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Clare, Solicitor
Category: Law
Satisfied Customers: 34263
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I hope you can help, my husband and I separated 8 months ago

Resolved Question:

I hope you can help, my husband and I separated 8 months ago he is currently living with his sister in their family home. He has just called to tell me I have to either sell the house or buy him out. I am not working, we have a 2,4 and 6 year old two at school in the village where we live. The house is worth 210k with a mortgage for 94k and I have an extra 20k in. Whilst the mortgage is currently being paid interest only I don't think I could have his name removed as I would need to remortgage and would not be eligible for one in my own right as I have no job, beside the fact I don't have 45k to give him. He has paid no maintenance since he left as he's self employed and has depression, and thyroid problem and type 1 diabetes so is only just making ends meet. Do I have any options? Selling would mean I have to leave the village and change the children's school as the rent here even for a two bedroom is more than the social would pay...
Submitted: 3 years ago.
Category: Law
Expert:  Clare replied 3 years ago.
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
What income does he actually have?
Do you have a new partner?
Customer: replied 3 years ago.
Hi Clare, thanks for coming back to me, no, no new partner, the reason for the split was that he in a fit of temper/ hypo slammed me into the wall in front of the kids and told them I was an ***** bitch and if they were ever unhappy in their life it was because I wanted them to be etc? I didn't think i should carry on leaving them in his sole care when I went to work as he's so unstable. I am really not sure on the earnings, he is a personal trainer, last year he took 10.5k but spent all but 2k on equipment training etc. he worked evenings and weekends as I worked full time. Now, although he can work anytime, he can't work from home and says he has much higher overheads - he is ill a lot to due to his diabetes ( he's had it 44 years) with all things considered including his car I think his self assessment would be between 10 and 15? Hope this is ok.

Thanks Holly
Expert:  Clare replied 3 years ago.
Please do not worry.
Although the starting point for division of the assets is indeed 50/50 - the priority of the court is the safe and secure housing of the children until they are 18 - so your ex will NOT be able to force a sale of the property until your youngest is 18 or you cohabit.
At that point the division of the equity is likely to be in the region of 60/40 in your favour 9at least) to reflect the fact that you have had the burden of caring for the children
You should also apply to the CSA for Child Benefit - however little he has to pay it is better than nothing
I hope that this is of assistance - please ask if you need further details
Customer: replied 3 years ago.
Thank you so much, that's so reassuring I will sleep tonight. xxxxx
Expert:  Clare replied 3 years ago.
You are most welcome
Clare and other Law Specialists are ready to help you