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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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I am wanting to leave my husband and we just bought a house

Resolved Question:

i am wanting to leave my husband and we just bought a house 3 months ago. the motgage is in his name and i have a house that is rented to tenants in wales. my house was bought 7yrs ago before i met him. we have been married just over 1year. he says this is his house and wants me to move out saying i can go back to my house. I have tenants in my house and the kids school and lives are here in bristol. Do i have a right to any money from this new house even though i am not on the mortgage? i want to rent locally somewhere close to not disrupt the children and school. He says that if it went to court i would get my house and he would get this new house and i would not be entitled to anything from this house as i have a home in wales. is this true
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year ago.
HiThank you for your questionMy name is ***** ***** do my best to help you but I shall need some further information.How long have you actually lived together and how old are the children.How much are the houses worth and how much is outstanding on the mortgages?
Customer: replied 1 year ago.
We have been together 4years and I have two children that are not his and one that is biologically. The children are 14,5,2 my 5 year old calls him dad and we both see him as my husbands child as well as the 2yr old. We lived together Since Jan 2012 years
Customer: replied 1 year ago.
Sorry mortgage is 150000 and house is worth about 200000
Customer: replied 1 year ago.
My house in Wales is in negative equity
Expert:  Clare replied 1 year ago.
How was the current purchase financed?
Customer: replied 1 year ago.
Mortgage in his name
Deposit was paid by gift from his parents and family money saved. He worked I stayed at home with our son as he was a sick baby. I have only been back in work 1 month now
Expert:  Clare replied 1 year ago.
Do you wish to remain in your current home?How much is the negative equity on the other property?
Customer: replied 1 year ago.
He would never let me stay here as he says I should go live in my house in Wales. I would if I could. He says it's his house. The house in Wales was valued last at 175000 and my mortgage is 186000
Expert:  Clare replied 1 year ago.
But do you WANT to stay there?
Customer: replied 1 year ago.
Yes
Expert:  Clare replied 1 year ago.
How many bedrooms are there?
Customer: replied 1 year ago.
3 bedrooms
Expert:  Clare replied 1 year ago.
My apologies for the delay.The principle issue so far as the Family Court is concerned is not who owns which property - but rather what the housing needs of the children are.They need to be housed in the area in which they currently live - so in the event of a dispute then it is likely that you would in fact be able to remain in the houseuntil your youngest is 18 or you cohabit - at which time the house will be sold and the proceeds divided between you with a starting point of 50/50If the Welsh property us then in positive equity then that may also be sold and the proceeds divided between youYou should try and discuss matters with your ex using Family mediationwww.familymediationhelpline.co.ukmaking it clear that in fact he cannot force you to leave the property - and that you may not need to do soI hope that this is of assistance - please ask if you need further details
Clare and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Can I ask another question?
Expert:  Clare replied 1 year ago.
If it is a follow on then ask it here - if not please ask a new question and ask for me (site rules I am afraid)
Customer: replied 1 year ago.
It's a new question about the same subject.