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plclegal
plclegal, Barrister
Category: Family Law
Satisfied Customers: 3891
Experience:  Barrister at law
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Mr.Peter can you wtite me how many option we have with our

Customer Question

Hi mr.Peter can you wtite me how many option we have with our family house after divorce and what the are .
I would like to know the options we have and to try to decide together which is good for us.
Submitted: 6 days ago.
Category: Family Law
Expert:  plclegal replied 6 days ago.

OK, in short:

1. Sell the house - split the profits.

2. You remain - and buy her out - with a sum agreed (half the equity is the starting point but if the children remain with you this could be more weighted in your favour).

3. She lives in the house - and buys you out.

Customer: replied 6 days ago.
Mr.Peter waht do you sink if we will divorce in our coutry bot don't touch the house is this legal ?
Or what can hapen ?
Expert:  plclegal replied 6 days ago.

If you do not deal with the issue of the financial separation this can them come back to haunt you as a claim can be made at any point in the future, so I do strongly suggest you deal with these issues.

Customer: replied 6 days ago.
As i uderstand we can live like now i wiil pay mortgage and bills like now i do , and in one day she can muve in our house with some of her boyfrend, or to ask me to by her out bot at that time i wll have to pay more expensiv that now . So it's posible bot this will be a result , do i understand corect?
Expert:  plclegal replied 6 days ago.

Yes if you don't deal with the issue now it can be revisited in the future. It may cost more to buy her out in the future if the house price has risen and you have paid more off the mortgage. She won't be able to move in with her boyfriend if you have divorced though, and her boyfriend has no right to live there at all.

Customer: replied 6 days ago.
She is sinking an other option to will her part to children how das this work please?
Expert:  plclegal replied 6 days ago.

It would be via a trust deed.

It's possible, yes.

You would need a solicitor to draw this up for you though.

Customer: replied 6 days ago.
Ok how does a will work? Kids wil have rights of 50% present and my wife 0% it is corect?
Customer: replied 6 days ago.
when same of us want to sell a house will be same situation :
1)Sell ahous and share money
2)Me by the children out
3)children by me out
It is corect?
Expert:  plclegal replied 6 days ago.

OK. The asset would be owned by you for the benefit of you and your children, depending on the terms of the trust it would depend on when they would be able to benefit from the funds.

Customer: replied 5 days ago.
Hi Piter can i have a bit more information abou a wii to children because I'm not clear with that please.
Expert:  plclegal replied 5 days ago.

OK - see here for general information about trusts:

https://www.gov.uk/trusts-taxes

As regards ***** ***** you would have to, in my view, sever the joint tenancy to define your respective parts of the property in order for a specific share to be 'given' to the children, via a trust.

I hope this assists.

Customer: replied 5 days ago.
Hi mr Peter what you advice is beter for me?
Expert:  plclegal replied 4 days ago.

My advice is to try to buy her out of her share at today's market value as then you have resolved the issue.

Customer: replied 4 days ago.
Hi mr Peter what can prevent me to by her out? we know she don't want this as i told she want to live the mortgagi like now is 50*50
Expert:  plclegal replied 4 days ago.

I'm sorry I don't understand the question I'm afraid.

Customer: replied 4 days ago.
What can stay in my way to by her out?
Expert:  plclegal replied 4 days ago.

Nothing - if your offer is fair the court will agree that this is the best option even if she does not agree.

Customer: replied 2 day ago.
Hi mr Peter .
How usually the proces is working if i apply to solisitors and i will ask them to halp me to by my wife out and they don't have succes with that i stiil have to pay for there servis ? Ok and if shi is not agree with my offer what is haping next? Please . Thankyou
Expert:  plclegal replied 2 day ago.

I suggest you start this off through mediation - it's a lot cheaper.

The process is started by booking a mediation assessment appointment - see here for a link to find your local mediator:

http://www.nfm.org.uk/. Assessments are usually around £30-£40, and the mediator will advise as to how many sessions might be required.