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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 14207
Experience:  30 years as a practising solicitor.
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My Situation is - Separated from my Husband for 4yrs, I

Customer Question

My Situation is - Separated from my Husband for 4yrs, I still live in the family home with our 8yr daughter, My Husband pays the mortgage and Utility bills but no other form of Maintenance.
He is about to move to Devon with his new partner to start a new job, and has suggested as my family live there to also move. But he would like to sell our current home, giving me any equity, suggesting I use that money to rent a property indefinitely and he will then pay a figure for child maintenance. I am a Veterinary Nurse and although would likely find employment quickly would be unable to get a mortgage to buy my own home, which I feel is imperative to give my daughter and myself a stable future.
Submitted: 10 months ago.
Category: Scots Law
Expert:  JGM replied 10 months ago.

Thanks for your question. Is the house the only asset? Are there pensions or savings etc?

Customer: replied 10 months ago.
No savings but my Husband has an NHS pension
Expert:  JGM replied 10 months ago.

What is its value and what is the value of the equity in the house?

Customer: replied 10 months ago.
House Value is approx. £280,000 and I'm unsure of Pension
Customer: replied 10 months ago.
equity of house approx. £120,000
Expert:  JGM replied 10 months ago.

Yes I would need to find that out. If he is going to give you the equity and the pension he has is valued at less then that is a good deal for you. If the pension is worth more that the equity in the house then it isn’t. The law looks for matrimonial property to be divided equally between you. The difficulty you have is whether you could sell the house and have enough to buy another one it at least get one with a mortgage that you afford and would qualify for. If your husband wants to insist on the house being sold then you could resist that on the basis that it is your child’s home but you won’t be able to hold out indefinitely. It is a difficult situation. There could be various answers such as insisting that your husband pays maintenance for you as well as child maintenance for a period to give you an adjustment period. You would have to do some figures and see what value of property you could afford and then tell him what would be needed on the basis that you are not happy renting a house house rather than buying one. I hope that helps. Please leave a positive rating so that I am credited by JustAnswer for my time.