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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 31300
Experience:  Over 5 years in practice
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Hello I am in the process of divorcing my husband. I have been

Customer Question

Hello I am in the process of divorcing my husband. I have been granted a decree nisi and now
trying to sort out the finances through filling in form e. There is an Occupancy order on our house
because of domestic abuse issues with my husband. I
am working but under a lot of stress. It all seems to have become
too much so am having counselling. I'm finding it all too much.
My question is: can I rent our house out whilst
the divorce is going on? Thank you. Rachael
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.
How much is the house worth and how much is outstanding on the mortgage?
What other assets and debts are there?
What income do you each have and how old is the child/children?
Where would you and the children live?
Clare
Customer: replied 2 years ago.

Hello Clare

Our house is worth about £360,000. There is £193,444.23 outstanding on the mortgage. I don't have any other assets. I have two loans with a debt of about £24,000. My income is £2,000. My main issue is that

I am finding the work pressure and issues with the divorce too much (my husband sends nasty emails) so if I am finding it difficult to do my job. My head is also putting a lot of pressure on me even thought she knows my situation.

With the Occupation order in place and being a joint owner with my husband can I rent out the house until the divorce is sorted out? (My decree nisi was granted in April 2013) my daughter and I could go and stay with my parents until it is all sorted out.

Thank you.

Rachael

Expert:  Clare replied 2 years ago.
Hi
What do you wish to happen with the house in the long term?
Clare
Customer: replied 2 years ago.

I want to keep the house and sell it so that we can move nearer my family and make a clean break.

Expert:  Clare replied 2 years ago.
Hi
So you do not wish to live there again.
How much will you need to purchase a cheaper two bedroom house in the area you wish to move to?
Clare
Customer: replied 2 years ago.

I will need about £200,000 to buy a new house.

Customer: replied 2 years ago.

Hello

Are you able to help with my question, as I haven't heard from you?

Thank you.

Rachael

Expert:  Clare replied 2 years ago.
Hi
My apologies for the delay.
How far has the financial side of the divorce actually progressed?
What is your mortgage capacity?
Clare
Customer: replied 2 years ago.

I have my first appointment in January with the Judge. I am in the process of filling in form e.

Expert:  Clare replied 2 years ago.
Hi
What mortgage capacity do you actually have (affordable mortgage capacity)
Clare