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Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2851
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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My husband want to divorce me, sell our flat which we let at

Customer Question

My husband want to divorce me, sell our flat which we let at the moment, share the money from the sale 50/50 and move away to Turkey his native country. We live in a rented property near our son's school. We have 5 year old and 1 year old kids. My husband will not see his kids or pay maintenance. I work part time so will not be able to buy a house near school with the money I will get from the flat sale. I would like to stay in this area with kids because of the school. I wish I could buy my own house in this area. Can we split the flat money 25/75 so I can have a bigger deposit for a house. Or can we not sell the flat when divorsing so I can keep the rent payments from it to keep renting a house near the school? Thank you.
Submitted: 1 year ago.
Category: Family Law
Expert:  Harris replied 1 year ago.

Hi, thank you for your question. Just a bit more information required to fully assist you:
-How old are you both?
-How long have you been married?
-What is the value of the property, and what is the outstanding mortgage?
-Whose name is ***** ***** in?
-What other assets and pensions do you both have (both sole and joint), together with values?
-What are your respective incomes?

Customer: replied 1 year ago.
Hi. I am 36. He is 39. We have been married for 12 years. The value of the property is around £160000. The otstanding mortgage is £50000. The property is in both our names. Bought 5 years ago. No other valuable assets apart from an old car, and furniture and things in the house. My income is £8.000 a year. His income is £12000 a year. Plus child benefits £137 and child tax credit £ 300.
Customer: replied 1 year ago.
My husband said he will move away and will not participate in raising our children at all.i believe him because He has a daughter from his previous marriage and he does not pay her maintenance or keeps in touch with her.
Expert:  Harris replied 1 year ago.

Thank you. Given that the property may be suitable for you and your children's needs you can apply to court to keep the property and live there for the benefit of the children until a certain date (eg. the children reach a certain age) and thereafter for it to be sold in an ordered percentage. If this is not something you seek to do, you can seek to obtain a greater share due to you have the sole care of the children as your needs are higher. If you are able to demonstrate that you can obtain suitable accommodation with the percentage share you have outlined (75%) you may have good grounds to obtain this.

I hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for your question without a positive rating. Thank you

Expert:  Harris replied 1 year ago.

Hi, this question remains open. If you found my information provided helpful please could you rate my response positively using the stars at the top of this page as I will not be credited for my response without a positive rating.