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Ask Clare Your Own Question
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34908
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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I currently live in my house that's mortgaged with my

Customer Question

I currently live in my house that's mortgaged with my husband and 3 children we are both on the mortgage. we broke up recently and i've been looking at moving out but with the massive upheaval for my children wondered how I could go about taking the house over myself? is it going to be a lengthy process? I want what's best for my children so of that's to leave the house I will with them
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year ago.

Thank you for your question

My name is Clare

I shall 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?

Customer: replied 1 year ago.
we bought the house 3 years ago as a right to buy if we sell now we would have to pay back 60% of the discount. we bout the house for 87,000 but borrower money to renovate so currently the mortgage stands at about 130,000 roughly and the house as it stands is valued about 150,000 I'm on 16000 from employment plus tax credits which will change once on of us leaves. he's on 25,000 all before tax. there is only furniture in the house and we each have a car
Expert:  Clare replied 1 year ago.

How old are the children and is your husband refusing to move?

Are you willing to start divorce proceedings?

Customer: replied 1 year ago.
my children are 10, 7 and 3. he has said he cant move out and that I should be the one to as I can get help with rent cost. yes I am willing to start divorce
Expert:  Clare replied 1 year ago.

Actually you will not get help - the council will expect you to remain or to force a sale

The priority for the family court is the housing of the children until they are 18 and if there is a dispute between you then it will be you who remains in the house and not him.

You should try and discuss this with your husband using Family mediation

Your ex will have to pay child maintenance and you will have to pay all the bills from that

I hope that this is of assistance - please ask if you need further details