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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34121
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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3 months into seperation. I left home and rented. 3 weeks

Customer Question

Hi
3 months into seperation. I left home and rented.
3 weeks ago asked wife how we were going to move forward ie sell house, her buy me out as she wants to stay there. She told me if I thought she was moving out I had another thing coming, I asked her to be reasonable as I had to start up again but she said she didn't care.
Afterwards I sent her this text
Jo there's always ways and means to do things. I'm sure we can sort something out so you can keep the house ok?
Last week while dropping my son back there I asked her if she'd had any more thoughts about hove to move forward. Told her I'd seen solicitor and I was happy with what I'd been told and that she needed to get some legal advice so we could move forward.
She told me that she is going to her solicitors this coming Friday and will let me know the outcome. Now I hear on the grapevine as soon as I phone or talk to her in person when I go to collect my son, that she plans to get a harassment order against me so I can't go to the house. ( I still have paperwork, possessions etc there)
I have recordings of every time I've been there apart from the initial conversation.
I do still speak with her family and was thinking about playing them the recordings, showing them texts etc so they're less inclined to believe her lies.
What do I do now. I'm worried what will happen when I pick my son up on Friday, even if I don't say anything she might allege that I have.
Mike
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 what income do you and your ex each have?
Clare
Customer: replied 2 years ago.

Hi Clare

house worth maybe 200k mortgage 55k

mikey is 12, im on 30k shes on 10 but gets benefits

originally I said I thought she should have about 100k and me 50k and id try give her around 500 month

I still pay around 1000 month on their bills but shes saying she wont move out, and is making it impossible for me to move on, im running out of money

my major question is about the scenario that she will try get a harassment order against me on Friday, I think she will make allegations against me even if I do/say nothing! but I have meet her to pick mikey up!

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

clare

around 120k ?

Expert:  Clare replied 2 years ago.
HI
My apologies for the delay
Showing texts to her family will class as harassment so please resist the temptation.
The problem you face is that the priority for the court is the safe and secure housing of the child until the child is 18 - and it is very likely that the court would only order a sale on the basis that she receives sufficient to purchase a new property.
Be wary about offering her £500 a month - it is substantially more than her entitlement.
She can, of course make any allegations she wishes, and indeed they may be sufficient to obtain an emergency order - however there will be a chance for you to give your side of the case to the court and if there is no truth in the allegations then this will become clear.
It would be sensible of all future financial negotiations take place within Family mediation
www.familymediationhelpline.co.,uk
to ensure your safety from false reports
Please ask if you need further details
Clare