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, Family Solicitor
Category: Family Law
Satisfied Customers: 34905
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
Type Your Family Law Question Here...
Clare is online now

can you advice me please my daughter is going through

This answer was rated:

can you advice me please my daughter is going through a divorce her ex husband still lives in their house, he has move in his new woman and her children my daughter has still been paying half the mortgage last year

Thank you question.

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?
Are there any children involved - and has your daughter started divorce proceedings at all?
Customer: replied 3 years ago.
There were only married 4 years, no children together but he has a daughter from previous failed relationship
House only purchased in joint names just before the split we gave my daughter £9000 Tiwards it . She has continued to pay half the mortgage last year. He was supposed to make arrangement to take over the mortgage but stalls all the way
What can we do, now he has moved in a pregnant partner?

How much is the property worth and how much is outstanding on the mortgage?
Does his daughter live with him?
Customer: replied 3 years ago.
no she lives with her mother she won't let her see him as there were a few in issuesEs on a previous visit. She had a difficult time with this man and left him while he was at work. He is a controlling freak Approx £170000
Customer: replied 3 years ago.
She lives with her mother, there were some issues in the way he was treating her on visits so she won't come down now, she has been fighting this chap .
House purchased just before break up. Approx £176000

Best guess on how much is outstanding on the mortgage?
Is your daughter willing to start divorce proceedings?
Customer: replied 3 years ago.
She has got decree nici
Think it 175000

Thank you .
Has she started the Financial application within the divorce proceedings, and why is she still paying towards the mortgage?
Customer: replied 3 years ago.
Yes but the won't play ball
He want Natalie to continue to pay he has said he will take on the house but has done nothing about he is stalling we don't think he can afford it £600. A mo nth payments he works as a care worker minimum wage girl friend has two kids and is pregnant
He has been bankrupt in the past just got a bigger car probably on finance and is behind with payments to CPA
What would be the courts feeling about the mo ing I. Of this family who is responsible them
Customer: replied 3 years ago.
Did you receive the message

As a starting point your daughter shoudl say that she is no longer willing to pay towards the mortgage and will not make any further payments.
At the same time she shoudl organise a Mediation Information meeting with a family mediator
if her ex agrees to mediation then great - if not she can then make an immediate claim to the court for the financial side of the divorce to be dealt with
this will lock her into a court timetable that will lead either to the sale of the property - or her release from the mortgage (I suspect the former)
The fact that is new partner is pregnant will not mean that she has to stay on the mortgage!
Please ask if you need further details
Customer: replied 3 years ago.
We had e mail from him saying he wanted the house and that he would get her name taken off.
There was no mention of finances.
Due to him this divorce has cost £8000
We need the deposit back that my daughter put in to the house.
She does not have a home he has caused all the expense.
Will he have to pay this back before taking over the house.
Can the court tell him to sell and pay off this debt

I am sorry - I thought you said that the house was worth about £176,000 and the mortgage is £170,000 - is that not correct?
Customer: replied 3 years ago.
5%depoist was paid usual our £9000
£35000through government scheme time buyers
Balance advance £131220.00 through mortgage company

Then I am afraid there is likely to be very little left over in the event of a sale by the time the cost sof sale are taken into account - but your daughter can certainly claim a larger share of what there is
Customer: replied 3 years ago.
Can the court request the house is sold?
And what about the deposit, he agreed during mediation that it was a gift
What if he can't get a mortgage?

The Court can and will Order the sale of the property if her ex cannot obtain her release from the mortgage.
If there is not enough equity to repay the deposit then I am afraid that it is lost
Clare and other Family Law Specialists are ready to help you