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James Mather
James Mather,
Category: Family Law
Satisfied Customers: 1390
Experience:  Senior Partner at Berkson Wallace
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My ex husband would like to sell the house and says he has

Customer Question

HI,My ex husband would like to sell the house and says he has legal advice to get 50/50 from the sale. I am not sure this is correct as I have the children that are 10 and 12 and I am also out of work at the moment (although I am still paying the mortgage). Can I postpone the move until I am ready?My daughter is deaf and can't move area (I live in London so to hold the house will mean I have to move very far out of London) as she is in a good deaf school. My son is also in local school that he is happy in.I want to help him out but until I am in a better financial situation I can't.I just want to double check.Also after the sale what are we both entitled to. He says he has a flat and will put the two together (but there isn't any equity in his flat) and just half but as I am main carer for kids aren't I entitled to a larger share so I can keep kids in a place where they have their own bedrooms. To half the amount will mean this is no longer possible. Are these things taken into consideration?House 1 - main home - 850 K Mortgage 200 left to pay = 650 paid
House two - Rowans home - 280 - 250 left to pay = 30 paid
Total paid 680
I don't think we have any other assets of debts from when we were together? I bought everything but it isn't worth a lot.I am currently Starting my own business so no income
I have a new partner living with me and so does Rowan (ex husband) - freelance so income not reliable
The kids stay with him (but only after dinner - 5 nights in 14House In East London around 800K if not more I already live in a cheaper areatThanksSam
Submitted: 8 months ago.
Category: Family Law
Expert:  ukfamilysolicitor replied 8 months ago.


Welcome to Just Answer

I am a Solicitor and will assist you.

Please may I ask:

- when you got divorced was there any order made in respect of the matrimonial finances or was this not dealt with at the time?

- what is the equity in the matrimonial home?

- what are the other assets including pension?

- has there been any sory os separation agreement? are you / children getting any maintenance now?

kind regards