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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34589
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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, I'm married with two children and we own several properties.

Resolved Question:

Hi, I'm married with two children and we own several properties. My marriage is failing and she wants me to move out. Do I have to move out and can I sell all properties including the one we are living in. She also has just bought an office in town and has supposedly purchased this with her pension from her old job. Can I insist that this property is to be sold and be intitled to half the money?
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 long have you lived together and how old are the children?
How much are the various properties worth?
What income do you each have?
Clare
Customer: replied 2 years ago.

Lived together about 14years. Children ages are 9 and 11. I earn 15,000 a year she probably earns double that. The properties are all morgaged not sure of the value but where bought for long term investment but i would like a fresh start and move on and not worry about these properties and have any future dealings with my wife if possible.

Expert:  Clare replied 2 years ago.
Hi
I do need to have some idea as to how much the properties are worth in order to assist
best guess will do
Clare
Customer: replied 2 years ago.

I'll let you know tomorrow thanks

Expert:  Clare replied 2 years ago.
Hi
That is fine
Clare
Customer: replied 2 years ago.
Hi, I recon about £600.000 for the properties which she says there mortgaged to the hilt and the the office she bought is worth £85,000 I'm guessing. She told me money was borrowed from her pension to buy and renovate the office which is now complete.
Expert:  Clare replied 2 years ago.
Hi
How much is the matrimonial home worth and how much is outstanding on the mortgage
Who has the day to day care of the children?
Clare
Customer: replied 2 years ago.

Home is worth about 300k with 135k outstanding. My wife collects our children from school twice a week and i collect them the rest. We both sure curing for them

Expert:  Clare replied 2 years ago.
Hi
Do you have the same details for any of the other properties?
Clare
Customer: replied 2 years ago.

I will ask her later and get back to you asap. Thank you

Expert:  Clare replied 2 years ago.
HI
That is fine
Clare
Customer: replied 2 years ago.

These are the figures she give me.

Property value. Morgage balance

85.000. 99.582

95.000. 106.966

95.000. 88.406

65.000. 62.075

65.000. 61.500

65.000. 61.243

90.000. 84.837

60.000. 69.462

Figures above in pounds.

35.000 euros. n/a

35.000 euros. n/a

Expert:  Clare replied 2 years ago.
Hi
Do you think that all these figures are correct?
Are all the properties in joint names?
Clare
Customer: replied 2 years ago.

Not sure if these figures are correct as she takes care of all the financial side of things as shes a morgage adviser. Both names on properties.

Customer: replied 2 years ago.

I told that i was going to get advice so i needed the figures. So im thinking that the figures may be correct

Expert:  Clare replied 2 years ago.
Hi
How much does a cheaper three bedroom property in the same school area cost to buy?
Clare
Customer: replied 2 years ago.

About 160k

Expert:  Clare replied 2 years ago.
Hi
What is your mortgage capacity?
Clare
Customer: replied 2 years ago.

She told me i couldn't get a morgage on my income

Expert:  Clare replied 2 years ago.
Hi
But have you taken any independent advice?
Clare
Customer: replied 2 years ago.

Can insist properties to be sold?

Expert:  Clare replied 2 years ago.
Hi
Within the financial side of divorce proceedings you can certainly insist that all the buy to let properties are sold unless your ex can release you from the mortgage
The position with regard to the matrimonial home is more complex as you will need to prove that the property can be sold and the proceeds divided and it will still be possible for your ex to purchase a property for herself and the children - otherwise the house will not be sold and you and she will have to negotiate as to which of you stays in the property with the children.
It is unlikely although not impossible that you will be able to force the sale of the Office
Please ask if you need further details
Clare
Customer: replied 2 years ago.

Hi Clare, would i have to go ahead with divorce proceedings to achieve the sales of properties. she said that she wouldn't as a divorce can be expensive and that it would be at my cost.

Expert:  Clare replied 2 years ago.
Hi
Realistically it would be easier to achieve within divorce proceedings
Clare
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