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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34276
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I am divorced but currently living in the property with my

Resolved Question:

I am divorced but currently living in the property with my ex husband. We agreed to sell the house but he has now changed his mind. Is there anything legally I can do to sell - I would like to start a new life with my son (13).
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 property 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.

Hi Clare

The house was valued at £280000. We owe £76000. I don't know the exact amount my ex earns but it's roughly £30000 per annum. I earn £34000 per annum. My ex has 2 loans - £800 outstanding on one & £840; on the other. I have no idea if he owes anything else I have credit card debt (roughly £15000). I have no idea what assets he has.

Expert:  Clare replied 2 years ago.
Hi
How much would a two bedroom property in the same general area cost to drive?
Clare
Customer: replied 2 years ago.

Hi

2 beds (flats/masionettes) in this area are about £200000. I have also looked at renting but it's even more than buying. My ex is mentally abusing me - I really need a way out but can't see how.

Expert:  Clare replied 2 years ago.
Hi
You are entitled to apply to the court for an Order within the financial side of divorce proceedings for an order for the sale of the property and this WILL be granted.
You can ask for as much of the equity as you need to rehouse yourself and your son - but you may have to repay anything you have above say 60% of the current equity when your son is 18.
The starting point is to try and negotiate with your ex using FamilY mediation
When that fails you can then apply to the court which will lock you into the court timetable
Please ask if you need further details
Clare
Customer: replied 2 years ago.

If my ex husband decides to disappear - he has threatened to do this several times- where does that leave me. Will he be liable to pay his half if the mortgage ?

Expert:  Clare replied 2 years ago.
Hi
If he does disappear (harder than he thinks) the court can still act in his absence - if of course you decide not o remain in the property for the time being
Clare
Customer: replied 2 years ago.

Hi

I don't think he will agree to family mediation so which court do I need to apply to. Also do you think it's worth getting in touch with the CSA for maintenance - I know he will not agree willingly?

Expert:  Clare replied 2 years ago.
Hi
You HAVE to go to mediation first - once you have attending the Information meeting they will give you the necessary form
You can indeed apply to the CMS (new CSA)
Clare
Customer: replied 2 years ago.

Hi

How do I get in touch with family mediation and is there a cost involved?

Thanks

Gail

Expert:  Clare replied 2 years ago.
HI
Sadly there is a cost unless you are eligible for Legal Aid
You can find a local mediator here
www.familymediationhelpline.co.uk
Clare
Customer: replied 2 years ago.

Ok thanks.

I've now been told I'm going to be made redundant in April. How will this affect my court case ( am assuming I won't be able to pay my half of the mortgage and bills?)

Expert:  Clare replied 2 years ago.
Hi
That will not change anything - other than to possibly increase the amount that you can claim
Clare
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