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Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34888
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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My husband and I agreed to separate and we were looking for

Customer Question

My husband and I agreed to separate and we were looking for houses for me. We rent at present but have a small property in a different area that we rent out. We were then given notice so I am moving into a small rental property with my two children and he has promised to buy a house for me and the children once he gets the deposit together. I am happy to wait a year (He earns £9000 a month so it should be doable in a year, while I earn about £1350 a month). However a friend has told me that if I let him move back into that house I will lose my right to get him to sell at a later date, i.e. if he doesn't do as he has promised and buy us a property. Is she right? Do I have to make him sell now or can I just get him to put his promise down in writing?

Submitted: 2 years ago.
Category: Family Law
Expert:  Nicola-mod replied 2 years ago.
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Expert:  Clare replied 2 years ago.
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 property you own worth and how much is outstanding on the mortgage?
How old are the children and how long were you living with your husband?
Customer: replied 2 years ago.
I don't have all the figures. I was married for 12.5 years and the girls are 8 and 5. We bought the house 13 years ago and I paid the deposit! There must be £100,000 equity in the house. I don't have the exact figures and while I plan to get them together I would like a theoretical answer if possible, as I need to know ASAP if I can agree to him moving into the house or whether I need to stop him.
Expert:  Clare replied 2 years ago.
Sorry - just to check - he is moving into the property that you own and you are moving into rented accommodation?
is there any reason why you cannot return to the property?
Customer: replied 2 years ago.
Yes, it is in London where he works and we now live in rural Hertfordshire. We moved here when property prices were rock bottom so didn't have enough equity to port our mortgage as we had planned. I work 20 mins from here and the children attend school in this village. While we won't be able to find another house in this village as not many come up, we going to stay close by. Non of the reasons we left London such as better schools have changed.
Expert:  Clare replied 2 years ago.
Then please do not worry.
You will not actually lose any rights by letting him move back into the property.
However you may have to work a little harder to keep the pressure on him to settle since he will be comfortable in his home!
However if no settlement is reached you will be able to force the sale of the property he live sin.
You may wish to consider negotiating a settlement using Family mediation
to ensure that there is a clear timetable for the financial arrangements.
I hope that this is of assistance - please ask if you need further details
Customer: replied 2 years ago.
Thank you
Expert:  Clare replied 2 years ago.
You are most welcome I hope all goes well