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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34258
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Me and my wife have split up and has left the children with

Customer Question

Me and my wife have split up and has left the children with me and I'm in the processes of selling the home but she is refusing to sign the documents by law can she refuse to sign them as i can not afford the mortgage payments on my own and she refuses to give any money towards the mortgage as well as the children
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 are the children and have you agreed how the proceeds will be divided between you?
Clare
Customer: replied 2 years ago.
The house is worth 490,000 and their are 3 owners on the property with my mother who put the deposit down of 200,000 in 2004 and my ex wife was added on 5 years ago.The outstanding mortgage is 202,000 and a secured loan is in our name for 55,000.I've had to borrow money of family since she left to make the payments every month, so once the house is sold I will need to pay them backThe children are 15, 13 & 8
Expert:  Clare replied 2 years ago.
Hi
Have you started divorce proceedings?
Clare
Customer: replied 2 years ago.
Not yet but will be once I get the property sold and I have sole parental rights odd the kids
Expert:  Clare replied 2 years ago.
Hi
You will not ever have sole Parental rights for the children as your ex's Parental Responsibility cannot be revoked.
If your ex trie sto argue that the children should not live with you then you can seek a Child Arrangement Order from the courts setting out clearly how the children should spend their time between you.
With regard to the property you cannot force the sale of the property unless there is a court order
Such an Order can be made within the financial side of divorce proceedings; or your mother could apply for an Order for sale as one of the joint owners - this may well be the most effective option.
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 2 years ago.
Does she have to pay towards the mortgage and loan payments even though she is not living here
Expert:  Clare replied 2 years ago.
Hi
No I am afraid that all she can be forced to pay at this stage is the child maintenance for the children at 19% of her gross income
Clare