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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33297
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My husband and I are getting a divorce but are still living in the same house. The house a

Customer Question

My husband and I are getting a divorce but are still living in the same house. The house and mortgage is in my name. I pay all the bills. My husband refuses to move out and refuses to contribute. He has lodged a home rights notice. The house has been sold but he says he will not sign the release of the home rights.
Please can you advise if I have any rights to remove him from the property, and what my rights are in regards ***** ***** the sale to complete.
Submitted: 8 months ago.
Category: Law
Expert:  Clare replied 8 months ago.
HiThank you for your questionMy name is ***** ***** do my best to help you but I need some further information firstHow long have you lived together, how much is the house worth and how much is outstanding on the mortgage?
Customer: replied 8 months ago.
We have lived together 9 years. We have 2 young children (4&8 years old). The house has sold for £415,000 and the completion statement says there will be around £94,000 after mortgage & costs.
Customer: replied 8 months ago.
do I need to do anything further to get an answer from you Clare? thx
Expert:  Clare replied 8 months ago.
My apologies for the delay - I have to work through my list in order which can be frustrating for all of us!How far have the divorce proceedings reached?Where are you and the chidlren going to live?
Customer: replied 8 months ago.
Its ok - just wasn't sure if I needed to do anything!
Divorce - early stages. The petition has been agreed. I'm not sure on the next steps (my solicitor explained it to me but it sounded very complicated). I assume the decree nisi is going to be prepared.
When the house is sold, I may move into rented accommodation, or I could move into my mothers house. She lives nearby and has room for the 3 of us.
I am very keen for the sale to complete so that we can start living separate lives. However, if the financial agreement takes a long time and he wont release the home rights to allow the sale to complete, I wanted to know my rights as the home owner, in terms of removing him from the property. As I own the house & pay all the bills, I am very frustrated that I don't seem to have any rights on my side to either get him to contribute, or leave.
Expert:  Clare replied 8 months ago.
Would you not rather stay in your home and simply get your ex to leave?
Customer: replied 8 months ago.
I have worked full time to afford the mortgage and my husband did the childcare. Without him there I have to work part time and can't afford the mortgage then. Plus I don't want to live in the house any more with the memories. New place new start
Expert:  Clare replied 8 months ago.
I understand that.How much does a cheaper three bedroom (two if the chidlren are the same sex) property in the same school area cost to buy?Will your ex fight for the care of the children?
Customer: replied 8 months ago.
Ex has agreed I will keep the children (as oftoday!). I have a good job and can financially support them. He has his own business that does not make much money.
I can afford a smaller 2 to 3 bedroom house in about the same area as we are in even on my part time wage.
Expert:  Clare replied 8 months ago.
Excellent news!has he made any proposals on the finances?
Customer: replied 8 months ago.
We had agreed a 30/70 split of the house to me plus he gets to keep a pick up truck worth approx. £15k. I have no car ( I have a company car). But last night he now wants £10k more which I think is too much. I'm not sure if this counts for anything, but my mother gave him £17k to buy the truck which he was supposed to pay her back but never has, so this will effectively write off this loan. There wasn't any paperwork between him & my mum ­čśĺ
Given I will have all the financial burden of the children going forward (he had already said he won't pay maintenance) I believe my portion should be heavily weighted to me
Customer: replied 8 months ago.
Hi Clare are you still there?
Expert:  Clare replied 8 months ago.
How much will you actually NEED to purchase another property taking into account your mortgage capacity? (this is important)
Customer: replied 8 months ago.
Is this relevant to my question?I would like to be self sufficient and not rely on my ex for anything- financial or childcare. If he does give me maintenance that would be a bonus- in reality I don't think I'd get a thing from him.
My job means I need childcare in the mornings but as he currently does it, I've no idea how much that would cost. My mortgage capacity would get me a small house in our area, so with a 25% deposit and fees to buy I'd be looking at £70k. Plus I don't have a car so I'd like £5-£10k to purhase a car. Does that help?
Expert:  Clare replied 8 months ago.
It is relevant as the secure housing of the children is always the first call on capital and is the strongest argument for your having more than 50% of the capital assets.From what you have said the house and the truck come to about £111,000A 70/30 split would give you enough for the house and something towards the car and as such would be very attractive option for the Court.The only real problem is that he has Matrimonial Home rights in the property and unless he is violent then if he refuses to sign the contract your only option is to applyto the court within the Divorce proceedings for the finances to be dealt withThe proceedings will almost certainly be successful for you - but there will be delayAs a compromise you could try and discuss matters with your ex using Family mediationI hope that this is of assistance - please ask if you need further detailsClare
Customer: replied 8 months ago.
So just to confirm, so i understand, until the divorce and financial matters are settled, he does not have to leave the house ?(assuming he is not being abusive) - ie this could be months :-(
Expert:  Clare replied 8 months ago.
I am sorry - yes that is indeed the case

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