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I divorced my husband last year and left the family home to…

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I divorced my husband last...
I divorced my husband last year and left the family home to study in London whereupon I rented a bedsit during my studies which has all gone haywire due to my diagnosis of breast cancer last year for which I am still undergoing treatment. Most of my possessions remain in the matrimonial dwelling. My daughter, who is just 17 (23 march) stayed with him due to going to school in the area. He wants to sell the ex-matrimonial home which is still jointly owned and go with my daughter to live with his new partner. I do not want to sell this property as it is the only investment I have left. Should I move back into the flat, which I could do and chuck him out so that I can live there with my daughter? I left the flat because he left me in a bad position after having supported him throughout his business career to the detriment of my own wellbeing and I needed to re-train to get enough salary to support myself as a lone parent. Any legal advice on this matter would be greatly appreciated
Submitted: 8 years ago.Category: UK Law
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6/9/2010
Solicitor: DR Lawyer, Lawyer replied 8 years ago
DR Lawyer
DR Lawyer, Lawyer
Category: UK Law
Satisfied Customers: 2,319
Experience: BA (Hons) Pgdl Pgdlp (LPC)
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Good evening,

Have you gone through ancillary relief which is the financial settlement in divorce proceedings?

Regards


DR Lawyer

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Customer reply replied 8 years ago
Thank you for your quick response. No ancillary relief was sorted out, we verbally agreed not to sell until our daughter was 18 there was no other order granted by the court except for the divorce decree. The divorce was done direct with the family court by myself and not through the solicitor.
Solicitor: DR Lawyer, Lawyer replied 8 years ago

OK,

 

You should try and agree with your ex what happens to the house. If he does not agree with what you want then you should file ancillary relief proceedings with the Court and ask the Court to split your assets including the house. The court is not likely to allow one or either of you to stay in the property.

Regards


DR Lawyer

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Customer reply replied 8 years ago
"When you say not likely to allow one or either of us to stay in the property", what happens to our daughter, as she is likely to be dependent for some time as she is going into higher education and university. What does ancillary relief take into account after divorce has taken place? If I file ancillary relief would the courts see fit to make sure he provides a home for me and my daughter? Does my ex-husband have any financial responsibility to us at all? We will not agree, he wants to sell, I do not, I need somewhere to get well.

Kind regards
Customer reply replied 8 years ago
Thank you for your quick response. No ancillary relief was sorted out, we verbally agreed not to sell until our daughter was 18 there was no other order granted by the court except for the divorce decree. The divorce was done direct with the family court by myself and not through the solicitor.
Customer reply replied 8 years ago
Relist: I have now had time to look around the site and see that there are other solicitors that specialise in UK family law. and Dr Lawyer does not do this..
I have now had time to look around the site and see that there are other solicitors that specialise in UK family law. and Dr Lawyer does not do this.
Solicitor: Clare, Solicitor replied 8 years ago
Clare
Clare, Solicitor
Category: UK Law
Satisfied Customers: 35,302
Experience: family solictor with 25 years experience
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hi

how much is the property worth and how much is outstanding on the mortgage

what other assets are there

claire

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Customer reply replied 8 years ago
Hello Claire

Property is worth approx £158,000 and we have a mortgage of £62,000. No other assets.
Solicitor: Clare, Solicitor replied 8 years ago

hi

and would your daughter prefer to stay with you in the property or move with her father

claire

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Customer reply replied 8 years ago
We all resolved, or partly resolved the issue over the weekend. I am going to move back into the property with my daughter. My ex-husband said he still wanted to retain a financial interest in the property but will not pay anything towards the mortgage (he has no money!) and will move out. No pressure will be put on me to sell for the time being.

I'm sure I will still need to do something in writing, perhaps better to do before my daughter is 18? Is there something we could do at low cost i.e. direct with the court to make sure I am secure?

Jeni
Solicitor: Clare, Solicitor replied 8 years ago

hi

how much of an interest does your ex wish to retain

claire

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Customer reply replied 8 years ago
Good question, 50:50, we didn't discuss this element. Although he did lend me £8000 for me to do my conservation degree, and he always brings this up. I personally think that it should still be 50:50.

Jeni
Solicitor: Clare, Solicitor replied 8 years ago

hi

i have little doubt that a court would see a 50/50 division as reasonable and will ignore the degree monies

in the circumstances there should be a consent order setting out the financial agreement between you

this should only cost about £200 to £300 and would be a great protection to you

claire

Clare
Clare, Solicitor
Category: UK Law
Satisfied Customers: 35,302
Experience: family solictor with 25 years experience
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Customer reply replied 8 years ago
Would this agreement be done with a solicitor or can it be done at the local family court? Who would I be paying the £200-300 to?
Solicitor: Clare, Solicitor replied 8 years ago

hi

the order will be drafted by a solicitor and submitted to the court for sealing

claire

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