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Ask Clare Your Own Question
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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After a domestic violence incident my husband was removed from

Resolved Question:

After a domestic violence incident my husband was removed from the property , in court he was found guilty and a restraining order was placed on him. I am struggling to keep the family home on because it is too expensive to run on my wage and I have three young children. There are various fraud investigations where he has forged my signature on documents being dealt with one regarding MY mortgage in my sole name . He has made an application of rights to the property..can I still sell and downsize or can he stop me ? He currently pays the mortgage and was the main breadwinner when we were together. He is self employed but I believe his businesses to be in alias names do I have a claim on all 5 of them ? I have too much equity in my house to claim legal aid and no spare monies to employ a solicitor , and I might add little to no legal knowledge.
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 need some further information firstHow much is the house worth and how much is outstanding on the mortgagesWhat other assets are there and what income do you each have?How old are the children?
Customer: replied 1 year ago.
House is 5 bed detached current mortgage 372,000 market value 625,000 estimated equity 253,000 I have 4 children 18,11,10,6 years ... My husband currently has a jeweler and wine cellar and 3 other companies I don't know what though . I have no idea of the estimated value and I'm not entirely sure to which name he has opened them under .
Customer: replied 1 year ago.
My income is 600 pounds a month from my job , child benefit 245 a month and I recieve working tax credit of 270 a week.
Customer: replied 1 year ago.
I have consolidated nearly 7,000 of debt although in my name but accumulated during the marriage I also discovered a ccj on my name during a recent credit report which I had no prior knowledge to , but have set the cogs in motion with the courts to remove it
Expert:  Clare replied 1 year ago.
How much will you need to rheouse yourself and the children in a cheaper four bedroom house in the same school area?
Customer: replied 1 year ago.
About cheaper end 275,000 -300,000
Expert:  Clare replied 1 year ago.
Can you raise the balance?
Customer: replied 1 year ago.
I am in talks with the Halifax of transferring a small portion of the mortgage over , but and I say but ,as my husband forged my signature to change the products it's now under fraud investigation because selling would incur penalties of up to 12,000
Customer: replied 1 year ago.
I am chasing Halifax this afternoon
Expert:  Clare replied 1 year ago.
What benefit did he get from the change - why did he do it?
Customer: replied 1 year ago.
im not sure but the payment was lower
Expert:  Clare replied 1 year ago.
Give me your best guess on his income and the value of his other assets Just a guess based on what you know
Customer: replied 1 year ago.
Jewelry stock at a guess over a 1 million and wine cellar 20k or more ,other 3 companies I have no clue what they are ... He probably invested a good 500k of his fathers inheritance into it this is just guess work .... His jeweler was turning over 3k a month at one stage he also takes a cut from his brothers backstreet mortgage brokers
Customer: replied 1 year ago.
The wine cellar I have no clue as it has not been open long
Expert:  Clare replied 1 year ago.
How much was he earning when you were together?
Customer: replied 1 year ago.
I don't know I had to ask for any money that was not child benefit I am only in control of my finances as of now ,but at one point my mortgage was 1,200 food 500 pm , gas electric 600 per quarter a good 3,500 a month was spent it's just guess work as an awful lot of post I never saw not even my mortgage statements he was in full control of monies during the marriage
Customer: replied 1 year ago.
He has a 2014 VW Passat bought outright I have a 2003 Chrysler voyager bought outright in 2005 ... Up keep of cars etc
Expert:  Clare replied 1 year ago.
OkHave you started the divorce?
Customer: replied 1 year ago.
No not yet
Expert:  Clare replied 1 year ago.
Are you willing to do so?
Customer: replied 1 year ago.
Yes of course , so what are my rights ?
Expert:  Clare replied 1 year ago.
Within the legal side of divorce proceedings the starting point for division of the assets is 50/50 - but the court has the power to move from that and distribute the assets in any way they consider appropriateThe priority is the safe and secure housing of the children until they are 18Whilst your ex has a claim on the matrimonial home and can Register those rights whilst the discussions take place - from what you have said it is clear that the court will indeed allow you to sell the house and purchase an alternative property suitable for you and the children.Equally from what you have said he has ample other assets which against which your asset - the house - can be set meaning that he has no further claim on the funds form the houseIt would be wise to start the divorce proceedings sooner rather than laterClare
Customer: replied 1 year ago.
Thank you ... My only problem is I can't afford to all my monies are tied up I my property and even if I sell the proceeds will go straight into another property it will be a few months of saving before I could cconsider it on my wage it's going to be difficult to do it myself as its a complex case where getting full financial disclosure is nigh on impossible
Expert:  Clare replied 1 year ago.
May I ask how much you think it would cost?
Customer: replied 1 year ago.
On my own £410 for the divorce but because of assets there could be disputes I just want to keep the proceeds of the house so I can afford to care for my children stress and debt free. Any solicitor I instruct is £150+ an hour . I can't recieve legal aid because of the equity , I just feel like if I take this on I will be fed to the lions as he has instructed a good solid lawyer.
Customer: replied 1 year ago.
He still scares the life out of me I'm trying shuttle mediation next week it's driving me into a panic .I feel it will fail as he knows his only form of control is my lack of funds.
Expert:  Clare replied 1 year ago.
Your income is such that you should be eligible for Fee Remission which means that the fee will be less than £410.The starting point is a divorce petition based on his behaviour - relatively simple and straight forward given the Restraining Order.Once you have that underway then the finances will still have to be dealt with but you can always have the backup of knowing that the Court will see the housing needs of you and the children as the priority and accordingly you will retain the house or the funds from the house for now no matter what
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