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Ask Clare Your Own Question
Clare, Solicitor
Category: Law
Satisfied Customers: 34897
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Hello, Ive recently found out my husband has been having an

Customer Question

Ive recently found out my husband has been having an affair, he has recently moved out of the family home. My husband is insisting the house is sold, there is little capital £20,000 max as we have not lived in our home for long. We have 1 daughter who is 11 and my husband has a son who lives with his mum and step dad, my husbands pays CSA for him. We been together 13 years married for nearly 4 years. My husband is the main earner and ive always worked part time in a low paid job to fit in with our daughter. As we have been together so long we also have family pets.
Im very concerned where me and my daughter will go as rental is very high and i will not get enough help through benifits to pay all the rent. What are my options? I cant afford the mortgage on my own.
Submitted: 5 years ago.
Category: Law
Expert:  Clare replied 5 years ago.
Thank you for your question.
What is the property actually worth, what other assets and debts are there and how much do you each earn?
Customer: replied 5 years ago.

Hi the property has been valued at £180-£185,000 there are no other assets or debts.

I earn £750 month my husband was on £42,000 but recently took an agreed figure to leave, he is currently going for interviews and is looking at job around £32,000.

I have to point out i do not know where my husband is living apparently hes renting a room somewhere. He visits our daughter but will not comunicated with me other than to put pressure on to sell the house.

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

There around £150,000 to buy or to rent ive not found anything below £600 and its very limited as we have pets

Expert:  Clare replied 5 years ago.
Allowing for Child Maintenance and child and working family tax credits would you be able to manage the outgoings?
Would you consider a lodger?
Customer: replied 5 years ago.

It would be very tight to rent even with child and working tax credit i will only be able to get £71 per week help towards rent. My solicitor said child maintenance would be 10% of his earnings as he already pays for is son is that correct and could i go for maintenance myself?


Not keen on the lodger idea as our home needs lots of work and having a daughter i'd be worried about how i got in and her safety.

Expert:  Clare replied 5 years ago.
There are few options I am afraid.
If you wished to stay in the property then your ex would not be able to force the sale as the priority for the court is the safe and secure housing of the child until the child is 18.
Your solicitor is correct you will get 10% of his net income as Child maintenance
You may have a claim for Spouse maintenance - but given his projected income it is unlikely to be an extensive sum.
If you do decide to agree to a sale - which may indeed be the only realistic option then it is likely that you will get more than 50% of the equity to assist in rehousing you and the child