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Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 35574
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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My husband and I have recently separated and he has just

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My husband and I have recently separated and he has just told me he is returning to his home land (south east Asia) very soon and returning in August. I am currently living in our house (that we jointly own) with our 2 sons (18 and 14). For various reasons I’m not confident that he will return from this trip and I’m concerned I will not be able to afford to stay in our house and yet will also not be able to sell without him present. What steps would you advise me to take in the next 2.5 weeks before he leaves? And where would I stand legally if he is not willing to co-operate?
Thank you

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 income do you each have?

Customer: replied 10 months ago.
The house is worth about £425,000 (although haven’t yet had valued) and there’s £124,000 left on the mortgage.
I earn £52,000 p.a and my husband is currently looking for work after he ended his business which was no longer viable.
Customer: replied 10 months ago.
Hello Clare - It’s getting late and I mistakenly thought that once the conversation had started it would be more fluid. Presumably there is still the option of replying to subsequent responses from you in the morning if need be?
Thank you

My apologies I have been offline

Are you confident that you can manage until August - and is your ex likely to be willing to co-operate in any steps you take?

Customer: replied 10 months ago.
I think I can manage until August although I’m anticipating a restructure at work which may impact.
My ex’s position seems to change regularly from seeming quite cooperative to blaming me for everything and not wanting to cooperate so it’s hard to be sure what his response will be when we need to negotiate further. There are indications that he thinks he can decide when he contributes rather there being any expectation on him to when he’s earning.

My apologies for the gap in contact - I have been unwell

There is nothing you can do at present UNLESS your husband is willing to sign a Power of Attorney to allow you to sell the property if need be

If he does leave for good you will still be able to divorce him - if you wish to do so - and will be able to get an order for the sale of the house.

Even if he is not in the country the court can sign the sale paperwork if necessary

It is likely that you will get a greater share of the equity

If he is working he will have to pay 12% of his income as child maintenance - more if your eldest is still in Secondary education (not university)

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

Customer: replied 10 months ago.
If I’m paying for everything (and have been since he left) and he then returns to the UK wanting to sell the house, is my extra contribution taken into account?

Is it a repayment mortgage?

Customer: replied 10 months ago.

Then you will be given credit for any capital reduction that you have made?

Customer: replied 10 months ago.
Apart from this element is it always a 50:50 split?

Not at all - 50/50 is just the starting point - as I said above it is in fact likely that you will get a greater share of the equity - although how much extra is hard to assess at this stage

Somewhere between 60/40 and 70/30 in your favour is likely

Customer: replied 10 months ago.
Sorry I’d understood that the possibility of me getting a greater share of the equity was related to the scenario of him not returning to the uk. The current situation is that he plans to return mid- Aug.

If there is a divorce then I would expect you to get a larger share

Clare and other Family Law Specialists are ready to help you