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Ask Clare Your Own Question
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34902
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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Advice about divorce. been married , over the years

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advice about divorce. been married for 20yrs, over the years he has become violent and mental abuse, been arrested for physical abuse to me. What i would like to know, we have a 21 year old daughter living at home. approx 5 yrs left on mortgage would we have to sell. I am unable to work, only benefits i am on are DLA I do not want to leave this house, but could not afford to buy him out. Although he pays mortgage he does nothing else in house. Would I be able to stay in my home.
HiThank you for your questionMy name is ***** ***** 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 are there and what income do you each have?Clare
Customer: replied 2 years ago.

house worth £140.000 my income dla £200. month husband approx£2000 wages self employed and £800 month naval pension there is approx £70.000 left on mortgage. No other assests car each and house contents no savings

Is this an endowment mortgage or a repayment one?
Customer: replied 2 years ago.


Are there any other assets?
Customer: replied 2 years ago.

no other assests

How much does a one bedroom property in the same general area cost to buy( I do know you do not wish to move)
Customer: replied 2 years ago.

around £100.00

What happened to his pension lump sum?
Customer: replied 2 years ago.

paid off bills and he paid off csa owing for his ex wife he never paid it regulary so lump sum of £16.000

Would you and your daughter be able to meet the mortgage payments?
What is the nature of your disability?
Customer: replied 2 years ago.

daughter and i would not be able to make payments she is training, disability. severe arthritis walking problems, and hand problems and on anti depressants. Have servere allergies which have caused hospital stays. On 14 different tablets a day which causes other problems, have been told i will not return to work by the drs. I am 57

How much is the monthly mortgage payment
Customer: replied 2 years ago.

not to sure as he took over we remortgage last year to have new roof et. it is around £1000 month with 7yrs to go

Customer: replied 2 years ago.
Relist: Other.
difficut situation at home can only be online when husband is out so can not wait for clare
Mt apologies for the delay.
You are certainly entitled to a divorce based upon his Unreasonable Behaviour and his violence will entitle you to an Order excluding him form the house whilst the financial issues are resolved.
The house position is more complicated.
If you and your daughter were able to keep up the mortgage payments then there would be a good chance of you retaining the property, but since that is not realistic it is less likely that you will be able to retain the house.
\The starting point for division of the assets is 50/50 with you then receiving spouse maintenance as well.
In your case I think the court would be willing to grant you all the equity in view of your disability in return for you making no further claim on his pension and for reduced or time limited spouse maintenance.
However this will not solve the issue of the mortgage.
Realistically the property may have to be sold with you looking at buying a shared ownership property to rehouse yourself.
I am sorry not to give better news HOWEVER this is guidance base ***** *****mited information - if the arrest was in the last 12 months you may well be entitled to Legal Aid for some face to face advice
Please ask if you need further details
Customer: replied 2 years ago.

thankyou for your help the arrest was 18months ago would i be able to stay in the house untill sold and would he have to carry on paying mortgage untill sale. will then prob look for a private rent. I think i may be able to claim some housing benefit. with sale money should help for a while.

You may still be able to obtain Legal aid
Yes you can stay in the property until it is sold and he would have to pay the mortgage - but do look at shared ownership schemes in your area as well
Customer: replied 2 years ago.

sorry to sound thick what is shared ownership... and how do i go about getting the order to excluding him from house, and can this be while getting divorce.

It is where you buy part of the property and the housing association owns the rest. that kind of order can be obtained during the divorce
Customer: replied 2 years ago.

last question can i get the order before divorce starts, as he is alcoholic drinks every night till he falls over, this is when he is violent,

HI This may well be possible - do get some face to face help as soon as possible Clare

Clare and other Family Law Specialists are ready to help you