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Ask Clare Your Own Question
Clare, Solicitor
Category: Law
Satisfied Customers: 35058
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I am wanting to leave my husband and we just bought a house

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i am wanting to leave my husband and we just bought a house 3 months ago. the motgage is in his name and i have a house that is rented to tenants in wales. my house was bought 7yrs ago before i met him. we have been married just over 1year. he says this is his house and wants me to move out saying i can go back to my house. I have tenants in my house and the kids school and lives are here in bristol. Do i have a right to any money from this new house even though i am not on the mortgage? i want to rent locally somewhere close to not disrupt the children and school. He says that if it went to court i would get my house and he would get this new house and i would not be entitled to anything from this house as i have a home in wales. is this true
HiThank you for your questionMy name is ***** ***** do my best to help you but I shall need some further information.How long have you actually lived together and how old are the children.How much are the houses worth and how much is outstanding on the mortgages?
Customer: replied 2 years ago.
We have been together 4years and I have two children that are not his and one that is biologically. The children are 14,5,2 my 5 year old calls him dad and we both see him as my husbands child as well as the 2yr old. We lived together Since Jan 2012 years
Customer: replied 2 years ago.
Sorry mortgage is 150000 and house is worth about 200000
Customer: replied 2 years ago.
My house in Wales is in negative equity
How was the current purchase financed?
Customer: replied 2 years ago.
Mortgage in his name
Deposit was paid by gift from his parents and family money saved. He worked I stayed at home with our son as he was a sick baby. I have only been back in work 1 month now
Do you wish to remain in your current home?How much is the negative equity on the other property?
Customer: replied 2 years ago.
He would never let me stay here as he says I should go live in my house in Wales. I would if I could. He says it's his house. The house in Wales was valued last at 175000 and my mortgage is 186000
But do you WANT to stay there?
Customer: replied 2 years ago.
How many bedrooms are there?
Customer: replied 2 years ago.
3 bedrooms
My apologies for the delay.The principle issue so far as the Family Court is concerned is not who owns which property - but rather what the housing needs of the children are.They need to be housed in the area in which they currently live - so in the event of a dispute then it is likely that you would in fact be able to remain in the houseuntil your youngest is 18 or you cohabit - at which time the house will be sold and the proceeds divided between you with a starting point of 50/50If the Welsh property us then in positive equity then that may also be sold and the proceeds divided between youYou should try and discuss matters with your ex using Family it clear that in fact he cannot force you to leave the property - and that you may not need to do soI hope that this is of assistance - please ask if you need further details
Clare and 2 other Law Specialists are ready to help you
Customer: replied 2 years ago.
Can I ask another question?
If it is a follow on then ask it here - if not please ask a new question and ask for me (site rules I am afraid)
Customer: replied 2 years ago.
It's a new question about the same subject.