How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 33310
Experience:  25 years experience of all aspects of family law
13262538
Type Your UK Family Law Question Here...
Clare is online now
A new question is answered every 9 seconds

I cannot stand living like this and there is no way I can have

This answer was rated:

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?
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 3 years 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?

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 3 years 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.

Hi
Who lives in the other property?
Claire
Customer: replied 3 years ago.

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

Hi
When will the tenancy end?
Claire
Customer: replied 3 years ago.

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

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 and other UK Family Law Specialists are ready to help you
Customer: replied 3 years 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?

Hi
I would make a complaint using their complaints procedure - and consider instructing an alternative valuer instead
Claire
Clare and other UK Family Law Specialists are ready to help you

Related UK Family Law Questions