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JeremyT1020
JeremyT1020,
Category: Family Law
Satisfied Customers: 480
Experience:  Expert
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I am going through a divorce and want d to ask about a

Customer Question

Hi I am going through a divorce and want d to ask about a mortgage I have with my ex -partner
Submitted: 18 days ago.
Category: Family Law
Expert:  JeremyT1020 replied 18 days ago.
Good evening and thank you for your question. I'm a solicitor specialising in divorce, separation and financial matters. How can I help? J
Customer: replied 18 days ago.
Hi
Expert:  JeremyT1020 replied 18 days ago.
Hello.
Expert:  JeremyT1020 replied 18 days ago.
I'm afraid I can't take any telephone calls this evening. If you should like to speak, I can call tomorrow. If it's urgent, I can always opt out and let another expert take the call. In my experience, most questions can be resolved by messaging.
Customer: replied 18 days ago.
Hi I want to know what happens if I divorce my ex and we bought a mortgage together that I want to retain with my kids
Customer: replied 18 days ago.
I am not willing to send
Expert:  JeremyT1020 replied 18 days ago.
Hello again. How long ago did you and your ex get the mortgage together? How old are your children? Thanks
Customer: replied 18 days ago.
8220;Sell”
Customer: replied 18 days ago.
We have the mortgage 3yrs now it’s for 21yrs at cost £450k excluding interest
Customer: replied 18 days ago.
My kids are 15,13,11,7
Customer: replied 18 days ago.
Their school and lives are surrounded around their house
Expert:  JeremyT1020 replied 18 days ago.
Thank you for that additional information. The starting point for any financial division following a divorce is a 50:50 split of the matrimonial assets. The asset split is adjusted by dependent children and ensuring they have a roof over their heads, the length of the marriage, respective ages, health, income differentials, standard of living, pension provision, needs and fairness.Arguably, you should be looking for an agreement whereby you remain in the property until your youngest gets to 11, 16 or 18 (the normal cut off ages) after which the house is sold and you take a percentage of the equity.
Customer: replied 18 days ago.
In a case where I don’t want it sold,what will I have to pay off to settle him
Expert:  JeremyT1020 replied 18 days ago.
You would get the property valued and look to raise money (probably through a remortgage) to buy him out of his share.
Customer: replied 18 days ago.
What happens if he refuses to be paid off and insist on the house been sold when I don’t want it sold.
Customer: replied 18 days ago.
What can I do if I ask him to leave the family house after the divorce but he refuses to leave cos I know he wouldn’t want to sign the divorce papers or want to leave the house
Expert:  JeremyT1020 replied 18 days ago.
You would need to ensure there was a clause in any agreement you reach that gives either (or both) of you the option to buy the other one out at the end of the term. It's fairly standard. You might even want the option to buy him out before the end of the term of the order.
Expert:  JeremyT1020 replied 18 days ago.
If he refuses to leave, you would need to obtain an occupation order from the court (an injunction) effectively ordering him to leave or face arrest and/or a big fine.
Customer: replied 18 days ago.
Please what do you mean by order term
Expert:  JeremyT1020 replied 18 days ago.
Hello again. What I mean is the length of the order. The house being sold when the children reach 16 or 18 or you buying him out beforehand.
Customer: replied 18 days ago.
is the order ended when the last child reaches 16 or 18 yrs
Expert:  JeremyT1020 replied 18 days ago.
Customer: replied 18 days ago.
Ok thanks
Customer: replied 18 days ago.
At what stage of the divorce process can that order be made
Expert:  JeremyT1020 replied 18 days ago.
Hello again. You can start negotiating now but the order could only be approved by the court after the decree nisi. Ideally, you should ensure that the order is approved by the court before applying for decree absolute. Kind regards, J
Customer: replied 18 days ago.
Thanks for your help
Expert:  JeremyT1020 replied 17 days ago.
My pleasure. Please let me know if you need any further assistance. Otherwise, the best of luck negotiating the agreement. Kind regards, J
Customer: replied 17 days ago.
Finally do u know any of such lawyers you can recommend in Wolverhampton area of UK?
Expert:  JeremyT1020 replied 17 days ago.
I'm afraid I can't recommend a specific solicitor under the terms of the Just Answer Expert Agreement. You may want to try the find a solicitor section of the Law Society website https://www.lawsociety.org.uk/en/public/for-public-visitors/using-a-solicitor/find-a-solicitorIn fairness, you could use a solicitor anywhere in the country as the vast majority of contentious and non-contentious work can be done online nowadays. I'm actually Wiltshire-based but I represent clients from all over the country.
Customer: replied 17 days ago.
What is the legal cost for such case.Am I allowed to solicitate your services via this website?
Expert:  JeremyT1020 replied 17 days ago.
Hello again. It is difficult to say. If you managed to negotiate amicably, you'd likely spend about £2500 - £3000 in costs. That would include the divorce petition. You might even get some costs back from your husband in the divorce proceedings, especially if you were divorcing him based on unreasonable behaviour.If the matter were contested and ended up in court, you could spend between £5000 and £1000, possibly more. Court is a real gamble and I hope your husband isn't silly about this.I'm not allowed to advertise my firm or promote my individual details through Just Answer and its messaging service.
Customer: replied 17 days ago.
It’s a pity I can’t use your service for continuity, thanks for your expert advise.
He is having multiple repeated affairs,refuses to stop,refuses to divorce and am certain he won’t accept the 50:50 asset share so I see myself ending up in court for my freedom and peace of mind.
Expert:  JeremyT1020 replied 17 days ago.
I'm genuinely grateful to have helped and I wish you the best of luck. Please let me know if I can help again in the future. Kind regards, J