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Clare
Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 28088
Experience:  25 years experience of all aspects of family law
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I cannot stand living like this and there is no way I can have

Resolved Question:

I cannot stand living like this and there is no way I can have a bedroom anywhere else in the house. There are 5 of us as I have 3 children in a 4 bed house. My lawyer says if I rent somewhere I will lose shares in the property if finances aren't finalised. Is this correct and to what extent do I lose shares?
Submitted: 1 year ago.
Category: UK Family Law
Expert:  Clare replied 1 year ago.
Hi
Thank you for your question.
I will do my best to assist you but I need some further information first.
Could two of the children not share?
Or you share with one of the children?
If you move out you will not loose any of your financial rights - but it will be harder to force a sale of the property.
In addition if the children stay with him then this could indeed effect the eventual outcome - with your ex getting a larger share of the equity because he is housing the children
Claire
Customer: replied 1 year ago.

The two teenagers need their own room and the youngest has a very small room. When we separate my youngest is going with me and middle one going with dad. The oldest wants to share her time with us both as she is 16 anyway so does that mean we should get 50/50 share of property as we are sharing the children? I will try to stay here as long as I can but it is not very nice. The only other way would be for me to get builders in and make half of the sitting room a bedroom if it is going to be long term. Do I have the right to do that?

Expert:  Clare replied 1 year ago.
Hi
How much is the property worth and how much is outstanding on the mortgage?
What other assets and debts are there?
Claire
Customer: replied 1 year ago.

I am waiting a valuation should be out this week but we have more than one property on the premises. Our total mortage is £280,000 but I am guessing the value will be at least £750,000 meaning we each have enough to buy another house once it is sold. We have no other debts.

Expert:  Clare replied 1 year ago.
Hi
Who lives in the other property?
Claire
Customer: replied 1 year ago.

The other property is rented out to a tenant on shorthold tenancy agreement.

Expert:  Clare replied 1 year ago.
Hi
When will the tenancy end?
Claire
Customer: replied 1 year ago.

Don't know but don't you have to give 2 months to remove the tenant?

Expert:  Clare replied 1 year ago.
Hi
That depends on the Tenancy Agreement and when it is due to end.
As a starting point you should look at the agreement to see if this is a viable option as it would preserve your position and allow you to have control over the sale.
You have not said how far the financial proceedings have reached - but it is important to progress them without delay
Claire
Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 28088
Experience: 25 years experience of all aspects of family law
Clare and 3 other UK Family Law Specialists are ready to help you
Customer: replied 1 year ago.

Hi Claire


The estate agents that valued the property over a month ago now have still not given me a report or given me any idea as to what it is. Everything time I ring them up or go in they keep making excuses. The last one is they cannot find a comparable property. My divorce is on hold as my solicitor wants to see the valuation before we can do anything else regarding the finances. What can I do? Should I ask my solicitor to ring them or just keep pestering them till they finish it. I am supposed to pay £250 for this valuation will I still have to pay if they have taken so long?

Expert:  Clare replied 1 year ago.
Hi
I would make a complaint using their complaints procedure - and consider instructing an alternative valuer instead
Claire
Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 28088
Experience: 25 years experience of all aspects of family law
Clare and 3 other UK Family Law Specialists are ready to help you

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