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Ask Clare Your Own Question
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 35044
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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You gave me some advice about leaving my husband and our

Customer Question

You gave me some advice about leaving my husband and our houses. i dont think i want to remain in the house as i know he will not leave and its becoming unbearable already. He says i am trying to screw him over as a lot of our deposit for the house came
from his parents. He asked me how much i need to get out his house and he will not try and take anything from the cardiff house when it has equity. The motgage is about 150000 and the house is worth btween 190-200,000 I told him 10.000 pounds as this will
get me and the children a rented property here for about 8 months as we can not go back to the house in cardiff as school and my part time job is all here in bristol. i just dont know if this is a fair deal but i have no money to give him so i can keep this
house. He also wants me to leave all the furniture for him in this house as he says 10,000 is loads and i am ripping him off
Submitted: 2 years ago.
Category: Family Law
Expert:  ukfamilysolicitor replied 2 years ago.
Welcome to Just Answer
I am a Solicitor and will assist you.
Please may I ask;
- are there any other assets? Such as pensions? Savings?
- how long have you been married? Are you considering divorce?
- does your husband earn more than you?
Kind Regards
Customer: replied 2 years ago.
I thought this was Clare she knows everything already
Expert:  ukfamilysolicitor replied 2 years ago.
Ok - I'll opt out
Kind Regards
Expert:  Clare replied 2 years ago.
HI AgainHow much was the deposit that his parents contributed?
Customer: replied 2 years ago.
£20,000 and we put down 30.000
Expert:  Clare replied 2 years ago.
OkYou are sure you do not want to force him to leave? - you can you know
Customer: replied 2 years ago.
I would like to stay but because it's his mortgage can he just refuse to leave. Would I be able to take over the mortgage? I am a discharged bankrupt for 1 year now. Would I have to buy him out?
Customer: replied 2 years ago.
Sorry my last message was prob confusing. We put down 30,000 in total 20,000 from his parents and 10,000 ourselves
Expert:  Clare replied 2 years ago.
The priority for the court is the housing needs of the children so if you chose to push it then your ex will HAVE to leave the property and will not have his name removed from the mortgage until your child is 18 or you co-habitHowever if you do not wish to have the hassle of this then your request is more than reasonable - indeed it is too low.There is in fact £40,000 to £50,000 equity in the property and you are entitled to half of it - whether or not his parents paid the deposit, and you are also entitled to take at least half of the furniture - more if you need it to set up your new home I hope that this is of assistance - please ask if you need further details