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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33304
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My husband left the marital home four years ago.At this point

Customer Question

My husband left the marital home four years ago.At this point in time he is not supporting us financially,apart from paying my son Patrick's grammar school fees.These are paid for by the firm he works for as a perk.Ihave E mailed him several times to inquire as to whether Patrick's A level tuition will be paid for.Patrick is dyslexic and staying at his present school would be a great advantage. Not receiving any reply I, assume the tuition fees wiil stop . I am really struggling to pay the mortgage.My husband and I co own the house will he be entitled to half the house? Ican't sell it as he does'nt respond to my requests for permission to sell it. Your help would be appreciated Lisa .
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year 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 are there and what income do you each have?
Does your husband work for a Uk based company?
Clare
Customer: replied 1 year ago.

The house has been valued recently at between 450to 500thousand pounds.The amount owing is430 thousand pounds.The payment plan is interest only,at nine hundred pounds a month.I have no other assets other than household furniture.My husband will not disclose his earnings. Ibelieve he flies for Quatar airways.Not British based. When in England he stays with his mother in Teddington. I'm unaware of his assets as he has an off shore account. My income is minimal. Irent two rooms out for approximately 900 pounds amonth. Sometimes I'm on benefits. Iworked over christmas earning enough to cover the mortgage.Iam looking for work and have an interview on Thursday. To survive my elderly parents stepin.

Expert:  Clare replied 1 year ago.
Hi
How often does he come to the Uk?
How far has the divorce reached?
Clare
Customer: replied 1 year ago.

The divorce is at the decree nisi stage. Ibelieve he can only stay in the country for 90 days. Idont know when he retuns ,at variable times Iwould imagine.

Expert:  Clare replied 1 year ago.
Hi
Is there any way that you can find out how often he is in the Uk?
Clare
Customer: replied 1 year ago.

This would be difficult, Mydaughter's fiance is at Uni in Kingston and perhaps could check his mother's house periodically as my husband parks his car outside his mothers house.

Customer: replied 1 year ago.

This would be difficult.My daughter's fiance is a estudent at Kingston Uni .He is willing to visit Teddington where my husband's mother lives to seeif he is there. I believe he stays with his mother when in country. His car is parked outside his mothers house which sugests he is afairly frequent visitor.

Expert:  Clare replied 1 year ago.
Hi
That is helpful.
For clarity - your solicitor has told you that there is no point issuing any Financial application?
Clare
Customer: replied 1 year ago.

Yes. She has stressed it would cost an awful lot of money and not guaranteed to bring a possitive outcome.

Expert:  Clare replied 1 year ago.
Hi
May I ask - do you want to sell the property?
Clare
Customer: replied 1 year ago.

Ireally don't want to sell the house, but do I have an option?.

Customer: replied 1 year ago.
Relist: Other.
Ifeel really stressed about my situation and would like an answer quickly if possible.
Expert:  Clare replied 1 year ago.
Hi
Are you able to earn enough rent from your lodgers to cover the mortgage?
Clare
Customer: replied 1 year ago.

If Iget a job very quickly, Yes. Up to now I've sold most of my jewelry.

Expert:  Clare replied 1 year ago.
Hi
Are you claiming all the benefits that you are entitled to?
Clare
Customer: replied 1 year ago.

YesI believe so.

Customer: replied 1 year ago.

Yes Ibelieve so.

Expert:  Clare replied 1 year ago.
Hi
As a starting point do use this guide to check your benefit position
http://benefits-calculator.turn2us.org.uk/AboutYou
With regard to the issue of the house and the question of maintenance whilst I agree that it will not be easy there is no way of resolving the matter without a Court Application.
Starting the application need not be expensive - indeed if you are in receipt of Benefits you may be entitled to Fee Remission - and you can complete the form yourself
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/form-a-eng.pdf
Once the application has been issued it will have to be personally served on your ex - however if he IS a regular visitor to the UK then that should be possible.
Equally if your ex refuses to take part in the process you will able to get an Order committing him to prison for Contempt of Court - something he is unlikely to wish to risk.
If a maintenance Order is made and he refuses to pay then again one method of enforcement - a Judgement Summons would put him at risk of Imprisonment any time he comes to visit his mother.
Obviously it is a high risk option - but if he does wish to come to the Uk you do have some leverage
Please ask if you need further details
Clare

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