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Clare, Solicitor
Category: Law
Satisfied Customers: 35073
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I hope you can help, my husband and I separated 8 months ago

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I hope you can help, my husband and I separated 8 months ago he is currently living with his sister in their family home. He has just called to tell me I have to either sell the house or buy him out. I am not working, we have a 2,4 and 6 year old two at school in the village where we live. The house is worth 210k with a mortgage for 94k and I have an extra 20k in. Whilst the mortgage is currently being paid interest only I don't think I could have his name removed as I would need to remortgage and would not be eligible for one in my own right as I have no job, beside the fact I don't have 45k to give him. He has paid no maintenance since he left as he's self employed and has depression, and thyroid problem and type 1 diabetes so is only just making ends meet. Do I have any options? Selling would mean I have to leave the village and change the children's school as the rent here even for a two bedroom is more than the social would pay...
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
What income does he actually have?
Do you have a new partner?
Customer: replied 4 years ago.
Hi Clare, thanks for coming back to me, no, no new partner, the reason for the split was that he in a fit of temper/ hypo slammed me into the wall in front of the kids and told them I was an ***** bitch and if they were ever unhappy in their life it was because I wanted them to be etc? I didn't think i should carry on leaving them in his sole care when I went to work as he's so unstable. I am really not sure on the earnings, he is a personal trainer, last year he took 10.5k but spent all but 2k on equipment training etc. he worked evenings and weekends as I worked full time. Now, although he can work anytime, he can't work from home and says he has much higher overheads - he is ill a lot to due to his diabetes ( he's had it 44 years) with all things considered including his car I think his self assessment would be between 10 and 15? Hope this is ok.

Thanks Holly
Please do not worry.
Although the starting point for division of the assets is indeed 50/50 - the priority of the court is the safe and secure housing of the children until they are 18 - so your ex will NOT be able to force a sale of the property until your youngest is 18 or you cohabit.
At that point the division of the equity is likely to be in the region of 60/40 in your favour 9at least) to reflect the fact that you have had the burden of caring for the children
You should also apply to the CSA for Child Benefit - however little he has to pay it is better than nothing
I hope that this is of assistance - please ask if you need further details
Customer: replied 4 years ago.
Thank you so much, that's so reassuring I will sleep tonight. xxxxx
You are most welcome
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