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Clare, Solicitor
Category: Law
Satisfied Customers: 35056
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Myself and my husband are split up I have had to leave the

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Hi myself and my husband are split up I have had to leave the family home as he is very hostile. We have sold the house and bought a new one as we were supposed to be movine on together. The relationship is over he has a drug problem and the children and I are staying at my m7ms just need to know where I stand now, will I still get the new house as all paperwork has been signed etc and my children need a home l.

Thank you for your question

My name is Clare

I shall 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?

What income do you each have and how old are the children?

Customer: replied 1 year ago.
Hi we had equity from the old house if 100,000 the new house we bought was 310 but my husbands father was gifting us 80 and we have savings of 450000 but he has transferred them out of our joint account into his brothers account. I earn 12000 per year he earns with overtime about 30000 per year and our children are 4 and 5 thanks.
Customer: replied 1 year ago.
All the paperwork for the new house is done. Survey everything. The mortgage for the new house stood at 103.000. I have left with no clothes or possessions just what we stood up in after a nasty argument.

Has the sale and purchase actually gone through

Customer: replied 1 year ago.
we were due to move in 1st September. But my husband has to just pay the 80 and 45 to the mortgage lender and I'm not sure if he will now.
Customer: replied 1 year ago.
The new mortgage was only over 19 years so if he doesn't pay then if I'm entitled to half of our savings I could use that and just maybe have a longer higher mortgage which I'm not sure but will he have to help with it?

So for clarity - Contracts HAVE been exchanged on the properties?

Customer: replied 1 year ago.
all paperwork for mortgage agreement, contracts etc everything is signed.
Customer: replied 1 year ago.
We did all the last bits of paperwork last week.

I understand that - but do you know if the solicitors have acted on that and exchanged contracts.

If not woudl you be willing to remain in the existing property?

Customer: replied 1 year ago.
The solicitors have acted, we payed then extra to move it along faster at the beginning. I wouldn't want to stay at the old house as the couple moving in have enrolled their children in the school and we are supposed to be out before September.
Customer: replied 1 year ago.
If 8 had to stay at the existing property I would have to but I know he wouldn't leave us alone
Customer: replied 1 year ago.
How would I get an injunction out on him
Customer: replied 1 year ago.
Hi do you know anything yet?

My apologies for the delay

How much does a cheaper three bedroom property in the same school area cost to buy?

Customer: replied 1 year ago.
Around 180,000.
Customer: replied 1 year ago.
Sorry that's wrong it's 210

Do you know how much you personally could raise on a mortgage?

Customer: replied 1 year ago.
I don't have anything at all.
Customer: replied 1 year ago.
He has everything.

Would you prefer to be in a smaller house that is in your name- that you can afford?

Customer: replied 1 year ago.
Anything would be better than staying at my mums flat with both the children.

There are two issues here - the short term and the long term.

In the short term if your ex has used or threatened violence against you then you can apply for a n Occupation Order allowing you to live in the matrimonial home and forcing him to leave

You can read more here

This will ensure that you and the children are adequately housed for now.

The long term issue is about where you will live in the future

The starting point for division of the assets is 50/50 - although the parental gift may be disregarded.

However the priority is the safe and secure housing of the children until they are 18 - and if that means you need more of the capital until then then that is what will happen

If Contracts have actually been exchanged then if the sale and purchase do not go through there will be serious financial consequences.

If that is the case then for a period at least you will have to remain in the property(without your ex) and the issue will be how much maintenance your ex will have to pay to ensure that

the mortgage is paid.

As soon as it is feasible the property could be sold which will allow you to purchase a cheaper property with a significantly smaller mortgage

I hope that this is of assistance - please ask if you need further details

Clare and other Law Specialists are ready to help you