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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33547
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I have separated from my husband for 3 years now, i would like

Resolved Question:

I have separated from my husband for 3 years now, i would like to apply for a divorce but the only thing i don't know about is what happens to my share of the house as my daughters still live there with him my youngest is 15, does this mean i have to wait until my youngest is 18 and then do the whole lot together?
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.
Will he agree to a divorce?
how much is the house worth and how much is outstanding on the mortgage?
What other assets and debts are there and what income do you each have?
Clare
Customer: replied 2 years ago.

yes he will agree to a divorce, the house is worth £360,000 and outstanding mortgage is approx. £150,000, there is no other assets or debts my husband earns £45,000 and I earn about £6,200.

Expert:  Clare replied 2 years ago.
Hi
How old are the children and how much does a cheaper two bedroom property in the same general area cost to buy?
Clare
Customer: replied 2 years ago.

hi the eldest is 17 and youngest 15, a two bed house about £210,000

Expert:  Clare replied 2 years ago.
Hi
Has your ex agreed that you will eventually get 50% of the equity or is he likely to argue over it?
Clare
Customer: replied 2 years ago.
He hasnt agreed but he said that the years i dont live there it will be knocked off my share
Expert:  Clare replied 2 years ago.
Hi
Have you been paying child maintenance during this period?
Clare
Customer: replied 2 years ago.
No i havent
Expert:  Clare replied 2 years ago.
Hi
Is it a repayment or an endowment mortgage?
Clare
Customer: replied 2 years ago.
Repayment
Expert:  Clare replied 2 years ago.
HI
How much has been paid off the capital since you left?
Clare
Customer: replied 2 years ago.
I wouldnt know he wont tell me
Expert:  Clare replied 2 years ago.
Hi
There is no reason not to start divorce proceedings now on the basis that you have lived apart for more than two years
Before you do so make sure that you have his written consent to a divorce on those grounds
Once the divorce is underway you can discuss the financial issues involved using Family mediation
www.familymediationhelpline.co.uk
You retain your interest in the property - although you will not be able to force a sale until your youngest is 18 or your ex cohabits.
Since you are not paying the mortgage and you are not paying child maintenance it is reasonable for your ex to ask to be given credit for any reduction in the capital outstanding that has happened in the years that you have not lived there.
However the figures need to be made available and agreed.
Once agreement is reached then a Consent Order can be sealed by the court - and if no agreement is reached then the court can be asked to make the decision.
Either way this can be done now rather than your having to wait.
I hope that this is of assistance - please ask if you need further details
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33547
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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