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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33946
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Hi my ex husband rang me whilst I was in hospital linked up

Resolved Question:

Hi my ex husband rang me whilst I was in hospital linked up to machines to help me breathe saying he was leaving I got myself discharged to get home as 10 yr old at home daughter was away he came and went all week and demanding his share in the house by the thurs when I had taken advice and no clear answers to get him his money he was becoming very threatening and intimidating over house finances to the point I was so distressed had huge asthma attack and he just sat eating a sandwich then continued to torture me over finances so I changed the locks the next day I didn't once say he couldn't come in he never asked for a key he had since been in the houses number of times and started off in calm manner but attitude escalates to bullying tactics when he can't get his own way about demanding his finances he has now took advice from solicitor and been advised he can evict me Bd the children in 28 days as it cannot be resolved with the house it's only been 3 weeks since he decided he was leaving I have been ill and in amongst all this been investigated for possible cervical cancer and now he's threatening to evict us the house is on my name always has been I had a house before we got together 15 years ago where do I stand? He's trying to force a seperation agreement which I don't know how legally binding these are any advice very much appreciated thankyou
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.
You call him your "ex husband" - has there actually been a divorce?
How long have you lived together and how many children are there?
How much is the house worth and how much is outstanding on the mortgage?
What other assets and debts are and what income do you each have?
Clare
Customer: replied 2 years ago.
Hi we are still married the mortgage outstanding is £72.000 approximately I had house before he and I where together from that house I put in £10.000 my own money and from that house built up to the next house and then the one currently have therefore would only seem fair that I get my £10.000 out on top of the capital he gets about £18oo a Mth I get £978 he had already took what he wants from the house interestingly I have brought every item in the house from extra shifts I did he was made redundant x5 in our 15 years together so I paid the bills on these periods I was working up to 72 hours a week to pay the way he also only paid £10 a week for the first 5 years we were together then £400 for 5 years then £600 next couple years then £800 last few years so it's not always been consistent we have 1 child together whose 10 and I had a daughter from previous relationship who was just under 1 years old when we got together many thanks
Expert:  Clare replied 2 years ago.
Hi
How much is the house worth?
How old is your older daughter?
Clare
Customer: replied 2 years ago.
My daughter is 16 years old and the house approx £155.000 thanks
Expert:  Clare replied 2 years ago.
HI
The first thing to say is that he is not telling you the truth - he certainly has NOT been told that he can evict you.
The opposite is the truth, the fact is that the priority for the court is the safe and secure housing of the children until they are 18 and there is no question of an earlier sale unless you cohabit with a new partner
Equally when the property is sold I will expect you to receive a much larger share of the equity - probably a 70/30 split in your favour to reflect your respective contributions.
In addition he will have to pay Child Maintenance for BOTH children - although you will have to get a court order for maintenance for the older child.
You should offer to discuss a settlement using Family mediation (www.familymediationehlpline.co.uk).
If he continues to threaten and harass you you can consider applying for a court order to legally exclude him from the property.
I hope that this is of assistance - please ask if you need further details
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33946
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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