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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: UK Law
Satisfied Customers: 33508
Experience:  family solictor with 25 years experience
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My wife and I are separated and we have sold our house. She

Customer Question

My wife and I are separated and we have sold our house. She has kept all the equity (approx £45000) to buy a new house with our 2 kids. But i have been left with the debt as its in my name.
Submitted: 3 years ago.
Category: UK Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question
I shall do my best to assist you but I need some further information first.
How far have the divorce proceedings reached and has a financial settlement actually been agreed.
What is the extent of the debts, how old are the children and how much do you each earn?
Claire
Customer: replied 3 years ago.
We've only been separated a few months so we haven't started divorce proceedings.
My debts are approx £13000 on a loan and £7000 on a credit card.
The kids are 9&7 and i earn £27000
Expert:  Clare replied 3 years ago.
Hi
What would you like to know about the situation?
Claire
Customer: replied 3 years ago.
What is the legal situation regarding the equity
Expert:  Clare replied 3 years ago.
Hi
Is your ex using the money to purchase a new property
If so how much is it worth and how much is on the mortgage?
Claire
Customer: replied 3 years ago.
She needs all the money to pay a deposit and fees, the house she is buying is worth 212000
Expert:  Clare replied 3 years ago.
Hi
Thats fine but just to check - is she purchasing alone or with someone else?
Claire
Customer: replied 3 years ago.
alone
Expert:  Clare replied 3 years ago.
Hi
The priority for the family court is always the safe and secure housing of the children so had this matter gone to court then it is likely that your ex would have received the money so that she can purchase the house.
However when you do come to deal with the financial side of the divorce you will still have a claim on the money that has gone into her new home and it is possible that your ex will be ordered to pay you a lump sum when your youngest attains the age of 18.
I hope that this is of assistance to you - please ask if you need further information
Claire