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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34272
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I need advice..I have been granted divorce on 18th May. I

Resolved Question:

Hello...I need advice..I have been granted divorce on 18th May. I have a 9yrs old daughter. Now my ex-husband asking for financial settlement. I currently have 2 houses first main residence (bought for £160k current value £300k) other house (original and MV £150k) I am paying mortgage for both houses since beginning. He contributed 50% of the deposit amount at the time of purchase of house which is £20K. we have been separated since 2011 but since then he is not paying anything for my daughter...for the first years he has shown he was studying but now he is working but still not paying anything. I have total personal loan of 23K and mortgage outstanding £100K each on both houses. How much I will need to pay him?
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year 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

Could you explain a little more about the history of the properties and how and when they were acquired

Customer: replied 1 year ago.
Thanks for your response.We bought first property in 2007 in joint name for £150k (current market value £150K) deposit contributed my me and my exhusband I was in full time employment. and then second house for £160k (current market value £300k) (deposit contributed by me and my ex husband) in joint name but for both houses I am paying mortgage and maintenance for both houses. Now ex- husband everyday harassing me to get valuation done for our main residence where me and my daughter lives and its market value is £300k but originally bought for £160k...he has mentioned to my daughter many times that he is soon going to get lot of money from me it seems there is a lotter for him...thats why i want to know what's my position in this regard knowing he has never paid anything for child maintenance and it seems in the future as well he has no intention to pay...
Expert:  Clare replied 1 year ago.

Who lives in each house?

What is outstanding on the mortgages on each property?

Customer: replied 1 year ago.
Thanks for your response. Pl find below details :House 1: me and my daughter main residence (purchased for £160k market value £300k) I am paying mortgage since beginning mortgage outstandning £100K
House 2: let out (purchased for £150k market value £150k) mortgage o/s £100k i am paying mortgage since beginning..
Expert:  Clare replied 1 year ago.

Where does your ex live?

What income do you each have?

Are you aware that the site charges more a phone call?

Customer: replied 1 year ago.
Thanks for your response. I am new to this site so I was not aware of the charges. Thansk for letting me know. However I am not sure if our conversation will be treated as confidential or if it will be visible to all public.He lives nearby in rented accommodation but his parents owns 5 properties so it's just to get money from me that's why he is not buying his own house. we both are earning he never told me about his income i am also in full time employment not eligible for any benefits..sorr
Expert:  Clare replied 1 year ago.

How much does a one bedroom property in the same general area cost to buy?

Customer: replied 1 year ago.
It will be around £150k minimum. Other house which is being let out is in different location so even he can't take that one as he doesn't want to move. For the last 5yrs when he was studying his parents were supporting him financially.
Customer: replied 1 year ago.
just for more clarity when we seperated 6 yrs ago he suddenly stopped working and enrolled for 5yrs course so he doesn't need to pay for child maintenance...
Expert:  Clare replied 1 year ago.

Are you willing to let him have the cheaper property?

Customer: replied 1 year ago.
ya...i can give him other house which is currently on rent that was i proposed him as well but he is more keen on my current residence due to it's value...he wants share in house 2 & house 1 as well..
Expert:  Clare replied 1 year ago.

It is not for him to decide - if not agreement can be reached it is for the court to decide.

The starting point for division of assets is 50/50 - but the court can depart from that - and in this case bearing in mind your financial contribution - and his lack of it, and the housing needs of your daughter I suspect the court will feel that you retaining your current home and your ex taking over the other house is a sensible way forward

It represents an 80/20 division of the assets in your favour. Whilst this is ambitious it is not impossible.

Worst case scenario might be that you have to pay him a further small lump sum - maybe £10,000 .

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

Customer: replied 1 year ago.
Thanks Clare it really helps as it will be fair sharing...as my ex-husband was telling me something different things and threatening me to do out of court settlement...
Expert:  Clare replied 1 year ago.

You are most welcome - I hope all goes well

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