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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34107
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Myself and my husband are split up I have had to leave the

Resolved Question:

Hi myself and my husband are split up I have had to leave the family home as he is very hostile. We have sold the house and bought a new one as we were supposed to be movine on together. The relationship is over he has a drug problem and the children and I are staying at my m7ms just need to know where I stand now, will I still get the new house as all paperwork has been signed etc and my children need a home l.
Submitted: 11 months ago.
Category: Law
Expert:  Clare replied 11 months ago.

Thank you for your question

My name is Clare

I shall 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?

What income do you each have and how old are the children?

Customer: replied 11 months ago.
Hi we had equity from the old house if 100,000 the new house we bought was 310 but my husbands father was gifting us 80 and we have savings of 450000 but he has transferred them out of our joint account into his brothers account. I earn 12000 per year he earns with overtime about 30000 per year and our children are 4 and 5 thanks.
Customer: replied 11 months ago.
All the paperwork for the new house is done. Survey everything. The mortgage for the new house stood at 103.000. I have left with no clothes or possessions just what we stood up in after a nasty argument.
Expert:  Clare replied 11 months ago.

Has the sale and purchase actually gone through

Customer: replied 11 months ago.
we were due to move in 1st September. But my husband has to just pay the 80 and 45 to the mortgage lender and I'm not sure if he will now.
Customer: replied 11 months ago.
The new mortgage was only over 19 years so if he doesn't pay then if I'm entitled to half of our savings I could use that and just maybe have a longer higher mortgage which I'm not sure but will he have to help with it?
Expert:  Clare replied 11 months ago.

So for clarity - Contracts HAVE been exchanged on the properties?

Customer: replied 11 months ago.
all paperwork for mortgage agreement, contracts etc everything is signed.
Customer: replied 11 months ago.
We did all the last bits of paperwork last week.
Expert:  Clare replied 11 months ago.

I understand that - but do you know if the solicitors have acted on that and exchanged contracts.

If not woudl you be willing to remain in the existing property?

Customer: replied 11 months ago.
The solicitors have acted, we payed then extra to move it along faster at the beginning. I wouldn't want to stay at the old house as the couple moving in have enrolled their children in the school and we are supposed to be out before September.
Customer: replied 11 months ago.
If 8 had to stay at the existing property I would have to but I know he wouldn't leave us alone
Customer: replied 11 months ago.
How would I get an injunction out on him
Customer: replied 11 months ago.
Hi do you know anything yet?
Expert:  Clare replied 11 months ago.

My apologies for the delay

How much does a cheaper three bedroom property in the same school area cost to buy?

Customer: replied 11 months ago.
Around 180,000.
Customer: replied 11 months ago.
Sorry that's wrong it's 210
Expert:  Clare replied 11 months ago.

Do you know how much you personally could raise on a mortgage?

Customer: replied 11 months ago.
I don't have anything at all.
Customer: replied 11 months ago.
He has everything.
Expert:  Clare replied 11 months ago.

Would you prefer to be in a smaller house that is in your name- that you can afford?

Customer: replied 11 months ago.
Anything would be better than staying at my mums flat with both the children.
Expert:  Clare replied 11 months ago.

There are two issues here - the short term and the long term.

In the short term if your ex has used or threatened violence against you then you can apply for a n Occupation Order allowing you to live in the matrimonial home and forcing him to leave

You can read more here

https://www.gov.uk/injunction-domestic-violence/eligibility-occupation

This will ensure that you and the children are adequately housed for now.

The long term issue is about where you will live in the future

The starting point for division of the assets is 50/50 - although the parental gift may be disregarded.

However the priority is the safe and secure housing of the children until they are 18 - and if that means you need more of the capital until then then that is what will happen

If Contracts have actually been exchanged then if the sale and purchase do not go through there will be serious financial consequences.

If that is the case then for a period at least you will have to remain in the property(without your ex) and the issue will be how much maintenance your ex will have to pay to ensure that

the mortgage is paid.

As soon as it is feasible the property could be sold which will allow you to purchase a cheaper property with a significantly smaller mortgage

I hope that this is of assistance - please ask if you need further details

Clare and other Law Specialists are ready to help you