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Ask Clare Your Own Question
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 left me, filed divorce on unreasonable behaviour.

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My husband left me, filed divorce on unreasonable behaviour. I knew he was planning a new relationship. He married within two weeks of divorce. What claim does he have on our home?

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 - including pensions?

Customer: replied 10 months ago.
I have a teachers pension. We were married one year. The house is valued at 315.000. I paid 21 in he paid approximately 70, 000. I have paid the full mortgage since sept 2017. I had 12,000 savings and paid In 12,000 to repairs.

How much is outstanding on the mortgage and how long had you lived together?

Customer: replied 10 months ago.
We have a morgage of 210,000 I’ve paid 1050 since he left in Aug 2017. We married 09.04.16.

Did you live together prior to the marriage - if so for how long?

Customer: replied 10 months ago.
No. We did not live together. Thanks

Has your ex asked for a settlement?

Customer: replied 10 months ago.
No he only got the divorce via a court. He has emailed what he wants 70,000. I offered initially to buy him out but he refused to communicate. I have had no contact since Dec. He ticked the box not seeking costs on divorce. I’m broke because my salary only just covers the morgage and bills but have managed to pay morgage in full as he won’t contribute and I don’t want to loose my credit rating. It’s an old house and has needed repairs over the winter. Water coming in. He has three children to previous wife who died and I have two to my previous husband. We have no children together.
Customer: replied 10 months ago.
His new wife has five children and home schools so no income that I’m aware of. We did not sign any financial agreement to protect our individual contributions when the morgage was arranged. It has 8.5 years to run. 12,000 to get out of it.

How old are you both?

Customer: replied 10 months ago.
I am 45 he is 47

Where were you living prior to moving in together?

Can you afford to buy him out?

Customer: replied 10 months ago.
I have no savings left but could increase morgage a small amount. The bank were willing to help. I have it up for sale but been almost 8 months no interest. It’s an 8 bedroomed v old property. Outstanding morgage approx 200,000

Where were you living prior to moving in together?

Customer: replied 10 months ago.
I had my own home and morgage as did he.

What is the problem with a sale?

Customer: replied 10 months ago.
There’s no problem It’s on the market but I’m left in it with huge bills and morgage myself. I have had little interest and am working out what to do. The repairs are adding up. I am worried about how much I am putting in. Bills alone are 1000 a morgage 1050. He’s remarried and Ieft with no discussion re house or how it will be maintained so I feel somewhat trapped here. I’m told it may take years to sell.*****up for sale. One for 5 years. If I reduce I will not have enough deposit to buy again if he gets what he wants from a sale. I’m not sure where I stand with it.


If you did take the option of forcing a sale how much would it have to be sold for?

Customer: replied 10 months ago.
It’s up for 315 but I could reduce to 295 thousand

is it likely to sell then - or just more waiting?

Customer: replied 10 months ago.
I don’t think it will sell and it is likely an offer would be lower than what we paid. The roof is leaking. The walls are damp. I have started to do the jobs month by month. But need to understand what a Court is likely to deem a fair split earn 2750 a month. He earns about 2000. I seem to be just protecting his equity if he is likely to get 70,000.

Since he has remarried he cannot claim more than 50% of the equity in the property.

However in fact within a financial application in the Divorce proceedings (which you can still make) it is likely that you will also be given credit for the money that you have spent on repairs and improvements to the property to secure a sale

The value of the property actually appears to be £295,000 which allowing for costs of sale means that there is equity of £90,000 or so - so an offer to him of £30,000 would not be unreasonable

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

Customer: replied 10 months ago.
Thank you. Can you let me know if I am likely to get anything back for paying the morgage in full myself. I’m very grateful for your help. It has been very difficult and I have felt very stressed.

Yes as I said I think you will get credit for what you have paid and possible a larger share of the equity

Clare and other Family Law Specialists are ready to help you