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Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 35042
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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hi there. my marital house is on the market because my husband

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hi there. my marital house is on the market because my husband and i are getting divorced. i am thinking of moving out before the house is sold and in the short term i am able to afford to rent a flat....does this compromise my legal position to half the proceeds of the sale of the house? what if my husband invites a new girlfriend to live there and she has young children? Also my husband sells cars from home for a living - does his business position have a bearing on the sale of the house? he is keen for me to leave and says if i don't he will - recklessly risking mortgage and bills arrears as i presently work 3 days a week and even if worked full time i would not earn enough to cover all the bills. i can't imagine he'd want to pay rent for accommodation and car space anywhere else so i suspect this may be an empty threat… whats the best course of action please?
Thank you for your question.
My name is Clare
I will 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 other assets and debts are there and what income do you each have?
Do you have any children together?
Customer: replied 3 years ago.

Hi Clare - thank you for your attention on this matter. Our house is on the market for £895.995. The out standing mortgage is £400.000.

He has cashed in our assets worth £80.000 and has allocated this money to paying his outstanding VAT bill of £46.000 and to finish off an extension to our house. Neither of which have been done yet. The VAT have threatened bankruptcy so he wants to fight it or become bankrupt for the whole £50.000 he said.

We own a hairdressing salon and it is in my name only and it is my work place and only source of income. I had a" buy to rent mortgage" on a flat that my husband owned and this enabled us to buy the salon. On the sale of the flat the mortgage was paid off.

The salon is worth around £95.000 and my business within it could be worth £25.000 / £30.000 ? My income is around £12.000 pa.

My husband works from home selling cars and last year he boasted he had cars worth £85.000. Now we are separating he says his cars are worth £20.000 - and says business has been bad. I estimate he earns on average at least £24.000 pa.

During our marriage he paid all the household bills and I paid for all the groceries, provided for our 3 children and apart from the 3 piece suite and our bed I paid for all the furnishings in the house. Our house is our major asset..alot of our furniture is second hand or very old now. Minimal assets are within the house.

He said he now wants paying for a car that I use and payment for living expenses at home now that we are separating so I've given him a car number plate (that was a gift from him 13 years ago, now possibly worth £5000 approx) to cover this. I still provide the groceries for us and this costs around £100 per week.

Our children have all left home now and are financially independent.

I proposed that I have half the house and the salon and he has half the house and his cars.

But my main question again is, is my positioned weakened or threatened if I leave the marital home before its sale? And, could he easily prolong or avoid the process of it's sale. What are the pitfalls? Long term I know I will struggle to rent.

thank you again for your help. J

How far has the divorce reached?
Customer: replied 3 years ago.

the divorce has not started yet. I've been to see a solicitor and she has written to him to say that our marriage is over and settlement of the house is required and she asked him for proof of earnings. he has not replied and has said to me that all that needs to be settled is the sharing of our assets. he thinks the salon and business is worth £150.000 so wants to give me max £100.000.

Leaving the property does not change your legal rights at all - even if he does bring a new partner to the property and there are children involved.
HOWEVER obviously with you not there your ex has no real incentive to move things on - and if he has control of the sale then he is able to drag his feet in doing so
Even if you stay you do NOT have to pay him money
If you can stay put without risking your health - physical or mental - and they are equally important - then do so as it will keep the pressure on him to negotiate - possibly using Family Mediation (
However if you can't bear it - then do move out but make sure you or your solicitor keep the pressure to settle high
I hope that this is of some assistance - please ask if you need further details
Clare and other Family Law Specialists are ready to help you