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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34263
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I have been married .5 years and with my husband

Resolved Question:

I have been married for 2.5 years and with my husband for 5years in total. My husband was previously a widow and he has two children which live with us (19 and 17). He is emotionally abusive towards me and I am contemplating leaving him but I would be financially ruined as our house was his before we met and it is in his name only and he pays most of the bills. Would I be entitled to anything in a divorce?
Thank you
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
HiThank you for your questionMy name is***** shall do my best to help you but I need some further information firstHow much is the house worth and how much is outstanding on the mortgage?Where were you living prior to the marriage?
Customer: replied 2 years ago.
Hi Clare,
My husband has two properties both of which are mortgage free and worth c. £350k - £400k in total. I also have two properties, in my name, both of which are in negative equity and which have mortgages totalling c .£ 300k on them. I used to live in one of the houses before meeting my husband but they are both now rented out but the rent doesn't cover the mortgages and most of my salary goes to paying the difference. I used to earn 4x what I do now but my husband hated me working in sales and he made my working life impossible so now I work for a charity and couldn't afford to live in them.
Expert:  Clare replied 2 years ago.
Could you return to your previous job and earn more?
Customer: replied 2 years ago.
Realistically no, I am 4 years out of microsoft and the IT sector so I have lost any market value I had and there are no jobs in the sector near the level I was at c.£130k (I am still on a recruitment consultants database and there have been no jobs at the same level advertised in 3 years). I ended up leaving ms with a good package, under a compromise agreement) as I was no longer able to do my job, having previously been a top performer for consecutive years, as my husband would be abusive for hours on end if I had to go to meetings, would call my office repeatedly on a daily basis asking about my whereabouts etc and then hang up to the point that our security team contacted me as they were concerned for my safety etc.
Expert:  Clare replied 2 years ago.
What happened to the settlement that you received?
Customer: replied 2 years ago.
I was unemployed for 7 months so it largely went towards paying my bills. This was before we were married and we actually split up just after I left Microsoft for c. 5 months. Ian hadn't wanted me to go back to work as he hated the environment I worked in and it was only when a role came up with a charity that he acquiesced as he wouldn't have allowed me to work for an IT company.
Expert:  Clare replied 2 years ago.
How much is the negative equity on the two properties?
Customer: replied 2 years ago.
I haven't had a recent valuation but going by property sites c. £40 -£60k
Customer: replied 2 years ago.
In addition, I have a poor credit rating because of my borrowing and wouldn't be able to get another house to live in
Expert:  Clare replied 2 years ago.
Hi
How much does a cheaper one bedroom shared ownership property in the same general area cost to buy?
Clare
Customer: replied 2 years ago.
Hi Clare,Is this purely to ascertain a value, as I have a dog which i will not leave without so a one bedroom flat is not an option or should i try and find a one bedroom house but I'm not sure such a thing exists in the area ?
Expert:  Clare replied 2 years ago.
Hi
I appreciate that you would not want such a property - but iI do still need it as a guide I am afraid
Clare
Customer: replied 1 year ago.
Hi ClareApologies for the slow response, 1 bedroom properties near my previous home in jordanstown range from offers over £65-85k. This would then have to be halved if it was bought under co-ownership at 50%.Many thanks,Stephanie
Customer: replied 1 year ago.
As I haven't received an answer to my question I would like a refund
Expert:  Clare replied 1 year ago.
Hi
My apologies for the delay - For some reason you fell off my question lists
Yours is a relatively short relationship which means that the first aim of the court will be to try and ensure that you both leave the marriage with what you came in with, and that any assets acquired during the marriage are shared between you.
The complication is the fact that you feel that his actions have had an effect on your ability to earn
Realistically you may well be able to argue that you need to have a lump sum to enable you to reduce the negative equity on the properties so that you can afford to live in one of them
Bearing in mind the extent of his assets and the cost of rehousing a lump sum in the region of £50,000 or slightly more would not be unreasonable
Please ask if you need further details
Clare
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