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Stuart J
Stuart J, Solicitor
Category: Family Law
Satisfied Customers: 27330
Experience:  Senior Partner at Berkson Wallace
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I would like to sell the house but we are divorced and we

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Hello. I would like to sell the house but we are divorced and we have three children aged 11, 7 and 6. At the moment I am renting a room but I am saving to rent a flat and take the children under my care.
JA: What steps have you taken? Have you filed any papers in the family court?
Customer: No
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: Yes I know
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

Hello. My name is***** you for the question.

It is my pleasure to assist you today.

I have been in the legal profession, in High Street practice, for almost 30 years so I have wide range of experience in a great many different aspects of law.

Please bear with me and I will be online and off-line from time to time and therefore, may be delayed getting back to you.

Although I am shown as online, I may be dealing with other people, on the telephone, or typing.

Please be assured that you will receive an email once I have written a reply.

Just Answer is not a chat service, it’s an email reply board and therefore sometimes it will be minutes, sometimes it may be longer, even hours or overnight.

I apologise in advance if you suffer a delay.

Kind regards.

for background - how long were you together and married in total?

did you get a financial settlement same time as divorce?

and are you full time carer for children?

Customer: replied 10 days ago.
We had a divorce in Poland. Only divorce. I bought the house for us in 2013. We do not have property separation, we pay a mortgage. Unfortunately, I cannot afford to pay for a mortgage and rent a room
Customer: replied 10 days ago.
I'm sorry, but I can't afford to pay for the call
Customer: replied 10 days ago.
The children are under the care of their mother, but I do not have parental rights taken away, which means that I have the same rights as the mother of the children
Customer: replied 10 days ago.
we got married in 2009 on September 25th
Customer: replied 10 days ago.
I had no choice. I had to move out of the house
Customer: replied 10 days ago.
My ex-wife has sued for harassment. no r and why. I have never used violence against her. her daughter who suffers from anorexia accused me of hitting which is not true. I spent the night in custody and after talking to the policemen who advised me to move out because there may be more such situations

Thank you for all the information. What exactly is it that you want to know about this? You have not asked a question. Thank you

Customer: replied 10 days ago.
What can I do to sell my home? If one party does not agree, what then?

You have to remember that if you have dependent children, under 18, the situation can be completely different.

Parents are under a duty to provide a home for dependent children until they reach 18 and therefore, unless there is a lot of equity in the property, sufficient to release some money to the non-resident parent AND provide a home for the resident parent aAND the children until the youngest reaches 18, it’s unlikely that the non-resident parent is going to be able to force a sale of the property.

The only good news is that the party that remains in the property is responsible for the mortgage and the bills.

The situation would be completely different if there were no children and it would be infinitely possible for the person wishing to sell to force a sale of the property if necessary under section 14 of the Trusts of Land Appointment of Trustees Act by applying for an “order for sale”.

Dependent children, under 18, change all that. However in those circumstances the resident parent would be responsible for the mortgage and the bills not the non-resident parent although there is still the possibility of child maintenance and spousal maintenance.

If the parent with residence of the children cannot afford doesn't want to live in the property because, for example, it's too big, they can always sell it and asked the court to apply the proceeds to a new house to provide a home for the children until they reach 18. Only then would it be sold.

So the chance of you being able to sell the property to get your money out of it until the children are 18 years of age is slim. Sorry.

Thank you for letting me assist you with your legal question. I am glad that I was able to help.

I am not certain whether that answers the question for you or not, but I am happy to answer any specific points arising from this.

It will be my pleasure to help you again either further with this or any future questions you have

Kind regards

Stuart

Customer: replied 10 days ago.
if I don't live at home, am I still required to pay a mortgage?

A person is not responsible for the mortgage or rent or the bills of a house that they do not live in although they remain liable to the lender or landlord if the other person stays in the property and doesn’t pay the mortgage or rent.

In that case, the non-occupier would be entitled to recover any mortgage or rental payments made by the non-occupier, from the occupier within the finances of the breakup of the relationship/marriage.

Stuart J and other Family Law Specialists are ready to help you
Customer: replied 7 days ago.
Hello. It's me again. I have a question. What should I do because I received these documents from Mrs. Daria's lawyer

I dont have the docs, sorry

Customer: replied 7 days ago.
How can I send you documents in pdf form?

Doesn’t matter as long as I can read them. You need to attach them on here please. I am off-line shortly until tomorrow at midday so will pick these up after then. Kind regards

Customer: replied 7 days ago.
File attached (V15TZ45)

She is applying for a non-molestation order on the basis that there has been some bullying or domestic violence.

She is also applying for an occupation order for her and the children to live in the property and for you to move out.

As there are no dependent children under 18, you need to get the house sold. She has no more right to live in the property than you do

Customer: replied 7 days ago.
what that means to me considering they are all lies

When you get notification of the hearing you need to go along and you need to convince the judge of that and tell the judge that is there no dependent children, the house needs to be sold and that you are making an application for an order for sale. That’s what I’ve already told you earlier on

Customer: replied 7 days ago.
we have three children aged 11, 7 and 6. in the application to the court, she gave the wrong age of the two youngest. she gave 11, 8 and 7

It doesn’t make any difference if this doesn’t involve any suggestion that the children are at risk.

I’m assuming that the application didn’t go in before the children’s birthdays.

Customer: replied 2 day ago.
Hello. I'm sorry for bothering you, but if the court hearing is going to be, should I have a lawyer and what should I do if I can't afford one?

Please don’t apologise. If you can’t afford a lawyer and there is no legal aid available then the only alternative you have is to represent yourself.

It depends what the hearing is for because the initial hearings are very often not worth having a lawyer at anyway

Customer: replied 1 day ago.
Thank you

My pleasure

My pleasure