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Clare, Solicitor
Category: Law
Satisfied Customers: 34906
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Hi Claire My husband and I married in 1992 and have 2 children

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Hi Claire
My husband and I married in 1992 and have 2 children now aged 18 and 15. We seperated just over 5 years ago about a year after I discovered he had built up huge debts trading online of about £155,000 on top of our mortgage. He went bankrupt and left the family home and shortly afterwards moved in with a new partner.
I have remained in the family home with the children and have been paying the interest on the mortgage throughout. When his bankruptcy ended he was able to purchase his share of the property back for £1,000 from the official reciever.
He has recently split up with his ex and my son has decided to move in with him and he is renting a property nearby.
My boyfriend has now asked me to move in with him which I would like to do and can now do as the main reason I remained in the locality was to support the children through their schooling and my daughter is now working and my son no longer lives here.
I suggested selling the house although to be honest it is in need of some modernisation and my ex wants to move back here with my son with a view to getting some work done and selling or him buying me out when my son is 18.
I would like a divorce. Also how do I protect myself in this case financially? I am concerned that he may not agree to sell at this time and if things go wrong with my boyfriend which I hope they won't I could be left homeless with no furniture etc.
Any advise would be most helpful.
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
How much is the house worth and how much is outstanding on the mortgage?
Customer: replied 3 years ago.
The outstanding mortgage is £305,000 I believe the house is worth about £400,00 but more like £450,000 with some home improvements
Can your ex actually afford the mortgage?
Customer: replied 3 years ago.
Yes, he's an accountant and earning about £9000 per month take home pay
Customer: replied 3 years ago.
I think he is planning to continue to pay the interest as it's cheaper than the rent he is paying now and use the surplus to pay for some home improvements
Just for clarity based on your question.
Are you actually happy for him to remain in the property until your youngest is 18 no matter what happens in your new relationship?
Customer: replied 3 years ago.
Yes as. I believe he would have allowed me to remain until my son was 18.
Got house value wrong. I thinks my neighbour just sold for £465.000 but they have a double garage and a wider plot where we have a larger front garden, conservatory and the loft has been converted to add an extra bedroom and ensuite so I'm guessing the value would be similar but our nphouse needs kitchen and bathroom done up to reach this value so is probably nearer to £380, loo as a current estimate.
In that case within the divorce proceedings you can agree a Consent Order stating that the property will be sold then - or if your ex cohabits
He will no doubt wish to have provision made for any improvements he makes that increase the purchase price - but there is no problem in building this into the Order.
If you wish to try and discuss the details with your ex then you can do so using Family mediation
I hope that this is of assistance - please ask if you need further details
Clare and other Law Specialists are ready to help you