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Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 35054
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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Hello, I've been seeing my other half for two years now.

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I've been seeing my other half for two years now. His wife left him 3 years ago in January but they haven't started divorce proceedings yet. She moved away to another part of the country and left him at home with their 3 grown up children. One has since bought his own house and moved out but the 28 and 24 year olds are still at home.
We would like to move in together but not into that house. Dave, the other half, seems to think that the house and a divorce can be seperate, and why can't he get a divorce then sell the house when the last two children decide to finally leave home. Can this be done? He can't afford to buy her out either and wouldn't want to anyway. He works away all the time so the children have free run of the house. But also the children have now said they would take over the mortgage payments through him not directly to the lender and get a friend of theirs to move in to help with the costs. (As far as they see it their mother can take a running jump with reference to her half of the house, she moved out and left them so she can wait), so we can rent somewhere together. In all honestly this sounds like a nightmare to me.
So the 2 main questions are
can you get a divorce without sorting the family home?
Is it advisable for the children to pay the mortgage and have a friend move in?
Kind regards
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Will his ex wish to force the issue of the sale of the house?
Customer: replied 3 years ago.


I'm not sure to be honest. Apparently when she left she asked about her half of the house and Dave, obviously upset etc that she had been seeing someone else and left to be with him, told her she would have to wait until their children had left home and not before then. She has never asked again. But obviously situations change as he has now met me.


How much is the house worth and how much is outstanding on the mortgage?
Customer: replied 3 years ago.

Looking at local estate agents, Right move etc then houses similar to his in his area are going for £200,000 - £220,000. But his does need some work and a little bit of doing up. Nothing major though.

They paid £179,500 in July 2005 and I think they have about £90,000 outstanding maybe slightly less £87,000 possibly.


There can certainly be a divorce without the financial issues being dealt with.
However if his ex choses to force the issue then the property WILL have to be sold
Even if she doesn't do so then doing this is not in your partner's interest.
Unless and until there has been a final financial oder between them then his ex will have a financial claim on him - in respect of the house any pension and even maintenance
The only way to prevent this is for there to be a final order within the divorce proceedings which would involve the sale of the property.
In addition if the children pay the mortgage then they could have a potential claim on the property - on your partner's share not his ex's.
I hope that this is of assistance - please ask if you need further details
Customer: replied 3 years ago.

Thank you, ***** ***** certainly cleared a few things up.

Thanks again


You are most welcome - I hope all goes well
Clare and other Family Law Specialists are ready to help you