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: 33516
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

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: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
Hi
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?
Clare
Customer: replied 2 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 2 years ago.
Hi
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
Clare
Customer: replied 2 years ago.
Thank you so much, that's so reassuring I will sleep tonight. xxxxx
Expert:  Clare replied 2 years ago.
Hi
You are most welcome
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33516
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
Clare and 3 other Law Specialists are ready to help you

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
< Previous | 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