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Clare, Solicitor
Category: Law
Satisfied Customers: 35313
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Ive been separated for 5 years and moved out of the former

Customer Question

I've been separated for 5 years and moved out of the former marital home at the time. I have continued to pay the mortgage and maintenance for my 3 children. 2 of my children, ages 21 and 19 are now at university with my 14 year old daugther still living at the FMH with my ex-wife. I was happy with this arrangement while all 3 children were at home as it mean't some stability for them and me and my wife agreed that once the oldest two had left home, we would sell the house and split the proceeds 70/30 in her favour. However the house had not sold and recently my wife has moved her new boyfriend into the marital home. I still pay the mortgage but he gives me a monthly rent (equal to the monthly mortage amount). I agreed to do this on a 3 month basis as they wanted to see if living together was right for them but after 5 months, he is still there. I've suggested they buy me out but they tell me they can't afford to do this. My feeling is that they are happy to continue indefinately with this arrangement. I am in negative equity on my new aparment and wanted the lump sum (from either buy out or house sale) to reduce my new mortgage and to allow me to move my mortage to repayment. My youngest daughter appears to be happy with the ex's new boyfriend, which is good but i feel i've been used by him and my ex. Reading up on the internet, it seems i don't have much hope to be able to either force him out of the home, get my ex to agree to sell or have them buy me out? I'd like to understand what options i have now and what should i do to protect myself? Can i force my ex to sell the home once my daugther has left school? As they are now co-habiting, could i look to reduce the maintenance that i'm paying for my kids? What % of my net salary should i expect to be paying in child maintenance in this situation?

Any advice much appreciated.

Best Regards
Wayne Niles
Submitted: 5 years ago.
Category: Law
Expert:  Clare replied 5 years ago.
Thanks for using JustAnswer. My name is Claire, I will do whatever I can to answer your question
How much is the house worth and how much is outstanding on the mortgage?
Customer: replied 5 years ago.

Hi Claire, thanks for getting back promptly. The house is worth 500k and we have about 160k outstanding. We switched from repayment to interest only after we separated.

Expert:  Clare replied 5 years ago.
How much does a two bedroom property in the same general area cost?
Customer: replied 5 years ago.

Hi I would think a 2 bedroom property would be approx 230k

Expert:  Clare replied 5 years ago.
Are you ready and willing to start divorce proceedings?
Customer: replied 5 years ago.

Yes I am - thanks
Expert:  Clare replied 5 years ago.
Then you can start divorce proceedings as soon as you wish based on the fact that you have lived apart for more than five years.
At the same time if your ex will not agree to either buy you out or sell the property then you can apply to the court for the financial issues to be dealt with
Since there is amply equity in the matrimonial home and she has a new partner there is little doubt that the court will order an immediate sale