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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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after my wife had an affair, she left the martial home on the

Customer Question

after my wife had an affair, she left the martial home on the 3/11/2012, and has not returned since . I have paid all mortgage payments and bills for the last three years , I also have my daughter stay twice a week at this property. Can she arrange through the courts to have me removed from the property and return her self . it is now 12/2/2015 which is more than three years later .. the house has been on sale for most of that time I have paid for two estate agent to market this property . we agreed a sale price in mediation , I am now in receipt of a letter from her new solicitors that they will take me to court to obtain a time table for matters . im interested to find out my rights as a joint homeowner .
Many thanks
***** *****
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?
How old is the child and where has your ex been living since she left?
Clare
Customer: replied 2 years ago.

Hi Clare

The house is worth £180,000 we have a mortgage of £80000 on the house .. we agreed to a 60/40 split of the proceeds in my favour at mediation as she had not contributed to any mortgage or house old bills in the 7 years we had lived at this address .. my daughter is 13 years old and I make a monthly maintenance payment to my ex of £170 per month which is £20 more than we agreed in mediation and through her solicitor .. She was first living with her mum for about a month then a rental property for 2.3 years but for the last 8 months she has been living with her boyfriend as she was struggling financially to pay her rent .. she has on several occasions ( 5 ) threaten to move back in when she was aware of my blossoming relationship with my present girlfriend of 2 years . my girlfriend and her son now live with me for the last 6 months , I have agreed to her request to move back in , and me move out , but she could only just afford the mortgage and I feel that this could jeopardise the continuity of mortgage payments and she has relented again as securing a future for my daughter is my is my main aim ..

Thanks Steve

Expert:  Clare replied 2 years ago.
Hi
Why has the property not sold?
Clare
Customer: replied 2 years ago.

Hi Clare

I live in upton , Pontefract , west Yorkshire .. the housing market for 4 bed detached houses has stalled . the house is in fantastic condition as im a bathroom installer and most of my friends are in the trade so the house is a very good example . but they are not selling in this area !!!

Steve

Expert:  Clare replied 2 years ago.
Hi
Just to check - have you got evidence from three estate agents that it is properly priced?
Clare
Customer: replied 2 years ago.

Hi

Yes I have , William H Brown £189,995 Reid Rains £187,995 and Local properties £185,000 .. that was 30 months ago and ive lowered the price to £179,950 to try and sell it ..

Thanks Steve

Expert:  Clare replied 2 years ago.
Hi
So that is well covered
Is she staying with her current partner?
Clare
Customer: replied 2 years ago.

Hi

Yes she is .. and has been for 8 months

Thanks Steve

Expert:  Clare replied 2 years ago.
Hi
So long as she stays with her current partner there is no likelihood of the court granting any application allowing her to return to the property - even if she can afford the mortgage.
If she separates from her partner then I am afraid that there is indeed a risk - provided she can indeed maintain the mortgage.
I am sorry not to give better news - please ask if you need further details
Clare
Customer: replied 2 years ago.

Hi Clare

Im in this situation due to no fault of my own , do I have to prove that she cannot afford the up keep of the house to the court ?? as the bills on her rental property were about £150 per month less ..

Thanks Steve

Expert:  Clare replied 2 years ago.
Hi
If she does separate from the boyfriend and does try to move back then you can certainly ask for evidence that she can afford the payments.
If you point out than if she cohabited the property would again have to be sold
Clare
Clare and 2 other Law Specialists are ready to help you
Customer: replied 2 years ago.

Hi Clare

Thank you very much for your input , its been helpful .

have a nice evening ..

Thanks steve

Expert:  Clare replied 2 years ago.
Hi
You are most welcome - I hope all goes well
Clare