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Harris, Law Specialist
Category: Law
Satisfied Customers: 2851
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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Been seperated + years and I'm still in the family home

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Been seperated for 2+ years and I'm still in the family home with no equity in the property can my ex force me to sell because she can't get a mortgage on another property because she's still on the family home one and also I entered in to an iva in 2013 for £16,500 which she signed on to but has now been cleared by myself with help from family and the mortgage is up to date in the family home without her contribution on both accounts could she force me too sell even after a divorce we're still married
Hi, thank you for your question. Just a bit more information required: -Do you have any children together, if so what are their ages and the arrangements for them?-Is the property in joint names or her sole name?-You say there is no equity in the property, but is it in negative equity?-Do either of you have any other assets?
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Customer: replied 2 years ago.
Two children 10 and 7 I see them three times a week Tuesday,Thursday evenings and they stay at weekend I pay £200 every four weeks as maintenance the property is in joint names and its borderline on equity,the bank won't release her name off it because of. the iva and I can't get another lender because of the iva and there's no more assets between us
Customer: replied 2 years ago.
Have I just rated you for £47 for that?
No, you have accepted the answer - but not to worry, I will continue to assist you to get the information you require. Is the property suitable for your needs, or are there any spare bedrooms that are not required (ie. is it bigger than your needs?)
Customer: replied 2 years ago.
No its a two up two down kids are in bunk beds
Thanks - it sounds as though it is adequate for your current needs. However, as part of divorce proceedings if there is no agreement about what should happen to the property, then she is entitled to apply for it to be sold in order to be in a position to obtain a mortgage. Both of you will need to provide full and frank disclosure of your full asset position, and the court will consider what a fair split is. What other assets do you both have?
Customer: replied 2 years ago.
No assets at all from my side I don't know 100% from her side would the debt/iva not be taken in consideration
Yes, it will be taken into consideration. The court's criteria when approving a settlement, or making an order is as follows:The income, earning capacity, property and other financial resources which each of the parties to the marriage has or is likely to have in the foreseeable future, including in the case of earning capacity any increase in that capacity which it would, in the opinion of the Court, be reasonable to expect a party to the marriage to take steps to acquire;The financial needs, obligations and responsibilities which each of the parties to the marriage has or is likely to have in the foreseeable future;The standard of living enjoyed by the family before the breakdown of the marriage;The age of each party to the marriage and the duration of the marriage;Any physical or mental disability of either of the parties to the marriage;The contributions which each of the parties has made or is likely in the foreseeable future to make to the welfare of the family, including any contribution by looking after the home or caring for the family;The conduct of each of the parties, if that conduct is such that it would, in the opinion of the Court, be inequitable to disregard it;In the case of proceedings for divorce or nullity of marriage, the value to each of the parties to the marriage of any benefit which, by reason of the dissolution or annulment of the marriage, that party will lose the chance of acquiring (e.g. a right to your husband’s pensions).
Customer: replied 2 years ago.
A wide variation on things then I don't need to do anything at the moment though I'm not in a hurry over things but she is
Yes - in any event it will take her a while if she attempts to pursue a sale of the property through the courts.