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Entitlement to half the house

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tgm1974 | 12:20 Tue 10th Feb 2009 | Civil
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Im recently divorced. Sorted the divorce ourselves thro the court - no sols involved. In the application it was noted that aspects to do with the children/house would be sorted personally between us. Im with a new partner now & we have a 1yr old son. As we were on civil terms we agreed not to mention anything to do with the kids or the house within the divorce. My ex now turned into someone I no longer recognise. She leaves the kids with friends loads whilst she goes to work in the local pub,shes qualified in marketing! Shes also in a new relationship & has been on 8 hols within 2008! Im needing some info or advice of where I go from here to stake my claim on half the value of the house we own together. The house has been mortgage free for over 10 yrs & was converted into a 5 bed home (with only 3 occupants now) yrs ago. Recently I had agreed to wait til my youngest turned 18yrs old but as shes now involved with someone else, I want my share. The relationship she has is not just casual. He has his own property. My new home is a 3 bed. Weve one room, our young son has another & my other 2 children share the small room (supplied with bunk beds) when they stay. I pay �882.00 per month for my new mortgage, whilst my ex lives mortgage free. I am entitled to at least �100k out of my old property & both our names are still on the deeds - if I can claim my share of the house then I can clear alot of my current �165k mortgage and look to leave me with a more viable monthly payment ---- this is having a detremental effect on me each month as my take home pay is �1200.00 ... �800.00 eaten up in mortgage, �100 on finance for a sofa & the remainder I have to use to try & help her with money towards the children along with my own living needs. Anyone got any advice or ideas on how I can stake my claim without the need for a solicitor - Im not entitled to legal aid & I believe the current hourly Sol rate is about �150-�200 per hour!

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You could apply to the court for an Order for Division or Sale. The courts main concern will be the welfare of the children of the family. It is likely they would award your ex-wife a larger share of the house as she has to house the children and she will be restricted as to where she buys the next house - she will need to stay in the schools intake area to keep the children in their currents schools.

She will say it was agreed the family would stay in the home until the youngest is 18, and this is the courts favoured option. Frankly it looks as if you are throwing a hissy fit because she is in a new relationship. The sofa is the least of your worries.

If there is not enough equity in the house for your ex-wife to buy another home for her and the children with her share, it is likely the court will refuse the Order.

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Thanks for your response - I am definitely not throwing a hissy fit I can assure you of that.

The joint property is worth, minimum, �250k so there is well enough equity in the house for her to downsize and still accommodate for the children along with staying in the area.

Im in no way being malicious or ill minded towards her but if I continue the next 8 yrs like this, til the youngest turns 18, then it is going to be really difficult for me to help financially with the children which I want to do ....

That's the problem when you choose to start a second family - it's a hugely expensive way to live.

Talk to the ex. If she's not agreeable you will have no option but to apply to the court for Order of Sale

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Entitlement to half the house

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