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Ask James Mather Your Own Question
James Mather
James Mather,
Category: Family Law
Satisfied Customers: 1390
Experience:  Senior Partner at Berkson Wallace
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I have recently issued divorce proceedings on my husband for

Customer Question

I have recently issued divorce proceedings on my husband for unreasonable behavior. We have been together for 10 years. He has agreed to the divorce and we have agreed I will be primary carer of our son with him seeing him 2- 3 days a week. We are still living under the same roof until the house is sold. I intend to try mediation to agree the amount each of us are able to take away from the sale proceeds once the house is sold, I will then find a small 2 bed for myself and our 2 year old. On buying the house my husbands mother gave us a chunk of money to help us on the property ladder, it was never explained to me that that it was a loan, we never signed any paperwork to state as such but now the divorce is going through my mother in law and husband are saying I’m not entitled to the 50% I am asking for out of the house and we will need to pay my mother in law back first only leaving approx. £50k for me which will not be enough for me to buy a house and get a mortgage on my own due to working part time and on a part time wage and looking after my son on my non-work days. Does my mother in law legally have a claim on the money in the house, the mortgage and house is in my and my husbands name jointly.

Submitted: 2 years ago.
Category: Family Law
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 house worth and how much is outstanding on the mortgage?
How much did your mother in law give you?
How much will a two bedroom property cost to buy and what mortgage capacity do you have?
Customer: replied 2 years ago.
Thank you for getting back to me.
The house is worth approx £495k the outstanding mortgage is approx £280k and my mother in law gave us £130k .
To keep my son in his nursery properties are between £230k and £250k. I can get a mortgage for approx £80k-£90k.
Thank you
Expert:  Clare replied 2 years ago.
Was this the first property you purchased together?
Customer: replied 2 years ago.
No, we bought a flat initially which we rented out for a short time but sold last year.
Expert:  Clare replied 2 years ago.
When did you but the current property?