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Ask JeremyT1020 Your Own Question
Category: Family Law
Satisfied Customers: 332
Experience:  Expert
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My husband wants a divorce ... he is seeing someone new...

Customer Question

Hi ... my husband wants a divorce ... he is seeing someone new... we have been together for 16 years... married for 5 ... we have a 10 year old child together... we also have a house ... bought 8 years ago ... me and him on mortgage but his mum put in £100000 and lives with us too ... what happens in this instance please ??? X thank you x
JA: What steps have you taken? Have you filed any papers in family court?
Customer: no x
JA: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county do you live in?
Customer: wigan, greater Manchester
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: no x I don’t think so x
Submitted: 14 days ago.
Category: Family Law
Expert:  JeremyT1020 replied 14 days ago.
Good morning and thank you for your question. I'm a solicitor specialising in divorce, separation and financial matters. I'm sorry to hear about your dilemma so I'd be happy to help. Firstly, how much is the house worth? Secondly, did your mother-in-law gift you both the money? Is there a declaration of trust or agreement in her favour regarding the £100k? Thanks, J
Customer: replied 14 days ago.
The house is worth £220000 with £81000 left on the mortgage... she did see a solicitor before buying the house ... not sure what it was but it was to protect her money if we sell house etc x
Expert:  JeremyT1020 replied 14 days ago.
Hello again and thank you for the additional information. I may only be on here from time to time today as I'm tied up with some family matters. In the first instance, I think it would be worth contacting a solicitor to obtain the office copy entries relating to your property. That should show of she has put some sort of restriction on the property to protect her interest.
Expert:  JeremyT1020 replied 14 days ago.
It suggests to me that she's tried to get some sort of restriction but the Land Registry would have notified you at the time. If you try and sell the property following a divorce, you'll almost certainly need to account for her share which will have increased in value during the 8 years you've owned the house. The remaining equity would be divided according to the guidelines in the Matrimonial Causes Act 1973.
Customer: replied 14 days ago.
Thank you x what would happen if I didn’t want to leave the house ... could they make me ??? Could they enforce a sale ??? Could I kick them both out hahaha ??? X thanks for the advice x
Expert:  JeremyT1020 replied 14 days ago.
The starting point is a 50:50 split of the assets, however, the first consideration is ensuring any dependent children have a roof over their heads. After that, you're looking at factors such as the length of the marriage, respective ages, your respective income, health/welfare, etc. There's hundreds of factors which can affect how the assets are divided and each case is different. You're going to need a large lump sum to be able to rehouse yourself and your 10 year old.
Expert:  JeremyT1020 replied 14 days ago.
You could potentially threaten them both with an occupation order!
Expert:  JeremyT1020 replied 14 days ago.
You'd have to either show that you had suffered, we're suffering or likely to suffer "significant harm" from their continued living in the house with you. Harm can be physical, mental or financial.
Expert:  JeremyT1020 replied 14 days ago.
Or, the court has a discretionary power to make an occupation order depending on your husband and mother in law's financial, housing and other circumstances. If they had alternative accommodation, a court may be inclined to make the order.
Customer: replied 14 days ago.
Oooh interesting x thank you x... I’m just going into work now x but will look into all the above x
Expert:  JeremyT1020 replied 14 days ago.
Out of interest, do you work?
Expert:  JeremyT1020 replied 14 days ago.
Customer: replied 14 days ago.
but went on part time hours when I had our son ... I only do 27 hours x
Expert:  JeremyT1020 replied 14 days ago.
I'm very happy to help further. Please get back to me if you need anything clarified! Have a good day at work.
Customer: replied 13 days ago.
Hi Jeremy … I am going to book an appointment with a solicitor this week … but my ex is offering me £30000 to take me off the mortgage… the property market is crazy at the minute up here … so if I took that money … and didn’t find a house to move into … could I stay in this house until I find something suitable???? X thanks for your help xxx
Expert:  JeremyT1020 replied 12 days ago.
Hi again. Potentially, you could stay in the house. You are your son's prime carer. The first consideration in any divorce are the dependent children and ensuring they have a roof over their head. Your son will remain with you so, if your husband doesn't like the arrangement, tell him he can move out temporarily until you find somewhere suitable. That said, the £30k offer may be contingent on you moving out immediately so you need him to clarify.
Customer: replied 12 days ago.
That’s fantastic xxx will that be something I would have to be made aware off … solicitors and paperwork??? X u r very helpful x thank you x
Expert:  JeremyT1020 replied 12 days ago.
It is definitely something that you would be made aware of. The offer would initially be made by letter and, if you agreed, his solicitors would probably draft an agreement for you and him to sign.