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Ask Clare Your Own Question
Clare, Solicitor
Category: UK Property Law
Satisfied Customers: 34105
Experience:  25 years exeperience
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My husband has been left years and I have kept up

Customer Question

Hi, my husband has been left for 3 years and I have kept up with our mortgage up until now but with no help from him and with our daughter to look after I want to seel the house to get something we can afford. He wont make any contact with me to resolve and I cant afford the court fees to take it through court. If I hand the keys back to mortgage company what will happen - there is over £200k equity
JA: OK. The Property Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: I cant afford one
JA: Is there anything else important you think the Property Lawyer should know?
Customer: not at the moment
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Property Lawyer about your situation and then connect you two.
Submitted: 1 year ago.
Category: UK Property Law
Expert:  Clare replied 1 year ago.
Thank you for your questionMy name is ***** ***** do my best to help you but I need some further informtaion firstHow long have you lived together and how old is your daughterHow much is the house worth and how much is outstanding on the mortgage?What other assets are there and what income do you each have?
Customer: replied 1 year ago.
Hi Clare
Thank you for your response
We were married in 2002 and lived together until January 2013, our daughter is now 13. The house is worth £380k (just been valued) with £140k outstanding on mortgage so a large amount of equity. There are no other significant assets. I earn £58k a year so have too good an income for any type of support, I have no idea how much (if anything) that my husband earns.
We separated when I found indecent images of children on his PC and after a period where he disappeared abroad he was eventually charged and spent 9 weeks in prison. I have since been informed by the police that he has re-offended and is awaiting trial for a similar offence. This may help you to understand why the idea of a consent order is shall we say somewhat challenging. I have no address for him and his parents will not pass on messages or support us to get this resolved in any way. I am also totally financially supporting our daughter as have not received any maintenance since the split. I hav also been having to clear joint marital debts over the last 3 years and all in all it has nearly broken me.
I did see a solicitor at the beginning but soon found that I did not have enough funds to continue, their quote at the time was around £30k to get full financial resolution. I know that I could go to court myself but am totally bemused by the whole process.
Any advice gratefully received but at present handing the keys back and moving into much cheaper rented accomodation seems to be my only way forward. But would I still get any equity after they sell? And what would the process be?RegardsSonya
Expert:  Clare replied 1 year ago.
How far have the divorce proceedings reached and how much will you need to rehouse yourself and your daughter?
Customer: replied 1 year ago.
Papers were served 3 years ago but he has only recently responded to accept he has received them. He wont discuss mediation or consent orders and I have no address or phone number for him, he used his parents address on the divorce recipt papers but they wont admit to him being there. I am dubious about sending the papers on to continue the divorce without getting the financial settlement, or at least the house, sorted.
Expert:  Clare replied 1 year ago.
How much will you need to re house yourself.has he actually confirmed receipt of the Divorce Petition in writing?
Customer: replied 1 year ago.
To stay within the same area so my daughter is close to her school a 2 bedroom house would cost around £200k- £250k minimum. But at 55yrs old I would need a sizeable deposit to be able to get a shorter term mortgage so I wasn't still repaying into my 70's. Of course I could rent which would be around £900 - £1000 a month which is still considerably cheaper than the current mortgage.
Yes he has acknowledged receipt in writing
Expert:  Clare replied 1 year ago.
Which ground was the Petition based on?
Customer: replied 1 year ago.
unreasonable behaviour
Expert:  Clare replied 1 year ago.
Excellent.So you have evidence that he received the Petition - what is the date on the evidence?
Customer: replied 1 year ago.
The evidence was a reply from the court saying they had received his acknowledgement of service. I am away from home at the moment so don't have the exact date sorry
Expert:  Clare replied 1 year ago.
Have you applied for the Decree Nisi?
Customer: replied 1 year ago.
Not yet as I was concerned at not having a financial resolution. My previous solicitor said how important it was to get that. Is that wrong should I just go ahead
Expert:  Clare replied 1 year ago.
There is no reason to delay the Decree Nisi - and to be honest given that your Pension provision may well be better than his - no reason to delay the Decree Absolute either.You have not said whether or not he is paying child maintenance - if not then you should apply to the CMS immediatelyWith regard to the Capital there is no doubt that the Court will allow you to sell the house and purchase an alternative property for your and your daughter.A 70/30 split of the equity in your favour would be achievable - and you could also have more capital to purchase a new home if necessary - payable to your ex when your daughter is 18.This need not costs thousands - the court fee is £245 and you can manage the paperwork yourselfThis is a far better option than handing back the keys. You would lose a great deal of the equity in costs - and your Credit record would be badly damagedI hope that this is of assistance - please ask if you need further details

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