How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33951
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
13262538
Type Your Law Question Here...
Clare is online now

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: 9 months ago.
Category: Law
Expert:  Clare replied 9 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 9 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 9 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 9 months ago.

Has the sale and purchase actually gone through

Customer: replied 9 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 9 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 9 months ago.

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

Customer: replied 9 months ago.
all paperwork for mortgage agreement, contracts etc everything is signed.
Customer: replied 9 months ago.
We did all the last bits of paperwork last week.
Expert:  Clare replied 9 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 9 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 9 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 9 months ago.
How would I get an injunction out on him
Customer: replied 9 months ago.
Hi do you know anything yet?
Expert:  Clare replied 9 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 9 months ago.
Around 180,000.
Customer: replied 9 months ago.
Sorry that's wrong it's 210
Expert:  Clare replied 9 months ago.

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

Customer: replied 9 months ago.
I don't have anything at all.
Customer: replied 9 months ago.
He has everything.
Expert:  Clare replied 9 months ago.

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

Customer: replied 9 months ago.
Anything would be better than staying at my mums flat with both the children.
Expert:  Clare replied 9 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, Solicitor
Category: Law
Satisfied Customers: 33951
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
Clare and other Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.co.uk/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.co.uk/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.co.uk/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.co.uk/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.co.uk/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.co.uk/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.co.uk/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice