me and hubby have split i left the home (lomg story) im settled now in new house with daughter on benefits(will change). he wants to buy me out of house i want to sell. he recons the courts would side with him so he can keep house and buy me out is this true?
after all things taken out will be roughly 11k left. he has offered me 6k ???????
im going to see solicitor just wanted to have an idea what has happened to other people?
my daughter is two, im 26 part time job 8hrs per wk, hes 30 2nd chef on good money £330 wk, been married 4yrs, he broke it of (affair).
Do i take my chances in court?
Do i accept his offer?
How will it go?
2007-07-12 05:27:10 · 23 answers · asked by kitty4 2 in Family & Relationships ➔ Marriage & Divorce
my main concern is what he said about the courts will they let him stay in the house evan tho i want to sell
2007-07-12 05:35:52 · update #1
i get legeal aid
2007-07-12 05:37:11 · update #2
I would except the house buy out but you need to get child support. Also, you need to work full time to support yourself and help with your daughter. Good Luck.
2007-07-12 05:32:47 · answer #1 · answered by boohoo 4 · 0⤊ 1⤋
If you agree that the 11K represents a fair value of the equity, and the fact that you've now settled into a new home I would accept his reasonable offer regarding the marital residence. This will allow you to focus on the many other issues that are in front of you. Additionally the more things you can agree on without an attorney the less you spend on the money hungry mongrols.
2007-07-12 05:47:38 · answer #2 · answered by broncoFan 2 · 0⤊ 0⤋
Don't accept his offer... Get some advice form a lawyer A.S.A.P. Tell him that the house was going to be for your children and since it's not looking that way then your selling, remember he can't do anything without your signiture. Go to court and set child support. Some states have laws that if you've been married for a certan amount of yrs he'd have to pay spousal support, so check that out. Good Luck!
2007-07-12 10:18:15 · answer #3 · answered by chula 6 · 1⤊ 0⤋
Hope you are getting free legal advice for starters.......dont be tempted to sign an agreement with a legal adviser until you know how a cash settlement might affect your legal aid so make sure you ask your solicitor about this......take note too....of previous answers ie: child support applications etc.
How the hell does he know what a court would decide he might get a great shock if it goes that far........he has a responsibility to maintain his daughter but you need to be aware of the outcome of any cash settlement in relation to your legal aid application........Good Luck and so sorry to hear you are having such a tough time.
2007-07-12 06:00:16 · answer #4 · answered by Veronica S 1 · 0⤊ 0⤋
Do not accept his offer, speak to a solicitor. I am sure that the house would have to be surveyed and a new price given. If that is the case then you are entitled to half the profits, meaning the difference between the original price paid and the value as of now.
2007-07-12 05:58:13 · answer #5 · answered by mr_scotsguy 3 · 1⤊ 0⤋
Why does it matter so much if he stays in the house?
Get the property valued by several agents, find the expected going rate, minus the amount left on the mortgage and halve it. If the difference really is 11k, then he is being fairly generous offering you 6k.
2007-07-15 11:42:25 · answer #6 · answered by Anonymous · 0⤊ 0⤋
It is unlikely the courts would allow him to stay unless he buys you out. You need to speak to a solicitor and get a balanced view of whats what- you won't get the correct answer on here just opinions. My sister and her hubby split and the children stayed with him- but he had to sell the house and split the profit. She managed to procure £40.000 for herself out of it and he had to buy something else- if he had offered a paltry sum and she had of accepted it she wouldn't have fared so well- so see your solicitor for advise at least.
2007-07-12 06:56:24 · answer #7 · answered by Ellie 6 · 0⤊ 0⤋
I am not being funny but I wouldnt care how much he earnt, he still broke the law by having an affair whilst being married, if I was a judge I would say he doesnt have a leg to stand on.
It would be unfair for you to lose out for his wrongdoing, he should be punished by losing the house, you and your daughter need the house more than he does.
2007-07-12 06:49:13 · answer #8 · answered by Anonymous · 0⤊ 0⤋
Go and see a solicitor, you have nothing to lose, but you will be losing alot if you acept his offer. Your marriage was a partnership and you are entitled to your half of the house and maybe more, you are the one with the child and from what i know you should be the one with the house and he should be paying you money for your daughter.
don't let him bully you be strong and good luck
2007-07-12 07:39:41 · answer #9 · answered by Anonymous · 1⤊ 0⤋
remind him that if this goes to court chances are you will be awarded the house because you are the main carer for the child and the court will see that the childs welfare is the main interest, if he wants to buy you out he will have to give you half of the profits that would be attained if you were to sell providing that you contributed to the mortage or the maintenace of the home.
2007-07-12 06:25:59 · answer #10 · answered by Dolly 6 · 0⤊ 0⤋