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Jo C.
Jo C., Barrister
Category: Family Law
Satisfied Customers: 72302
Experience:  Over 5 years in practice
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Dear Claire, My wife and have been married 15 years. She

Customer Question

Dear Claire, My wife and have been married 15 years. She left the FMH 3 years ago with our 9 year old child without notice 5 days after being arrested for hiting me.She claims she left because i hit her first.We both own the house. She now lives in housing accommodation. I went to court and the Judge ordered that the child live with both parents. I am going to a FDR soon. My soon to be exwife wants me to buy her out but i have no means to do it. She wants to come back to the FMH and has asked in form E that she wants the property to be transferred in her name. The equity in the 2 bedroom flat is £200.000. She says we will have to sell if she cannot come back or buy her out. She cannot afford the mortgage payments as she cut her working hours 3 years ago to 16 hours per week and claiming benefits to help her. I just about manage to pay the mortgage and child maintainance. The judge saw my earnings. With the equity there is not enough money to buy another property. What are my chances of staying in our home until our child is older and then sell. I have offered my wife all my pension and 50 per cent equity.
Submitted: 4 months ago.
Category: Family Law
Expert:  F E Smith replied 4 months ago.

Good afternoon. I will try to assist you with your question but need more info first - also I apologise if delayed in replying

what are you going back to court for?

how often does your child stay with you?

how old now?

and you have been living in the MH since she left is this correct?

Customer: replied 4 months ago.
I am going to court to decide what will happen to our home
my daughter is 9 and lives with me for 130 days a year
I have lived in MH since my wife left dec 2014
Expert:  F E Smith replied 4 months ago.

You are not responsible for the mortgage or the bills of a house that you do not live in although you remain liable to the lender if she remains in the property and she does not pay it.

In circumstances like this, it could well be that the property is indeed sold if neither of you can afford to buy the other out or neither of you could afford to remain in the property. It would not be the first time that couples have remained together purely because they couldn’t afford to live apart.

Because it’s been ordered that the children live 50-50 with each parent, I think this little chance that you would get the house over and above your wife be costs she is also going to need to provide a home for her and the children in exactly the same way that you are.

Customer: replied 4 months ago.
But i can manage the mirtgage and my wife has a home. Does that mean that if i pay the mortgage then i may be allowed to staym
Expert:  F E Smith replied 4 months ago.

If your wife won’t agree to this, then I’m afraid the chance is that the house would be sold. Depend on what money she gets out of the property and what she needs from it.

I think it’s unlikely that if you can’t afford to buy her out you are going to be allowed to live in the house unless you are the resident parent of your daughter which is unlikely if you have her for only 1/3 of the year. Please note that it’s only overnight contact which counts so she would need to stay nights at your house for more than half the year for you to have a chance of staying in the property and it being sold when your daughter reaches 18, to pay your ex-wife off

Customer: replied 4 months ago.
Dear Sir with respect i have a court order stating clearly that there is no resident parent and no one has custody. Our daughter has 2 homes. It is not a contact order. It is what was firmerly known as shared residence. Does that mean that the judge may order a mesher order.
Expert:  F E Smith replied 4 months ago.

I’m going to opt out of this for another expert because I don’t think that I can give you an answer that you would be happy with. The thread is now open to all experts.

Customer: replied 4 months ago.
Does it mean i have to pay again
Expert:  Jo C. replied 4 months ago.

The answer above is correct and I can add nothing.

I'm very sorry.