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Ask Clare Your Own Question
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 35057
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'm currently separate from my wife for 14 months and trying

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Hi I'm currently separate from my wife for 14 months and trying to get divorce we have a mortgage together how can I start the case. Thanks
Customer: replied 1 year ago.
Hi and can she get me off the mortgage with me knowing or signing any papers.

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?

Are there any children involved?

Customer: replied 1 year ago.
Around 200k worth the house and 86k outstanding. No children.
Customer: replied 1 year ago.
Hi Claire last time I spoke to my estranged wife she asked me if I agree on a online divorce cost 550£ but she didn't mention the house. Can she change the mortgage without me knowing??

How long have you lived together and when was the property purchased?

What other assets are there and what income do you each have?

Customer: replied 1 year ago.
We lived together for a 6 years from October 2009 till September 2015.The property was purchased by my wife before we got married I think 2003 . And we got new mortgage together 2012. No other assets. Don't know here income and I'm on 14,500 p/a

What were the remortgage monies used for?

Customer: replied 1 year ago.
To secure the house the old one comes to date and we needed new one to keep the house. And the broker then said we need both income to get a new mortgage.

She cannot change the mortgage without your co-operation or an Order from the Court

You certainly have a financial claim on the property - although it is unlikely that you would get 50% of the equity.

You shoudl arrange to try and discuss matters with her using Family mediation to resolve the financial issues - and to agree the grounds for divorce

Please ask if you need further details

Customer: replied 1 year ago.
I was going to claim for what I have payed during the period I lived there and I know the value of the house increased since . Is that something possible ?

Yes you can claim a percentage of the equity - between 20% and 30% is possible

Customer: replied 1 year ago.
Thank you, ***** ***** contact a high street solicitor soon .

You can do - but before that try and arrange mediation with your ex

Customer: replied 1 year ago.
Ok I will do. many thanks good night

You are welcome

Clare and other Family Law Specialists are ready to help you

Might I please ask you to rate my answer - without that I do not get any credit for my time

Customer: replied 1 year ago.
I have 5 starts and you well deserved many thanks