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Stuart J
Stuart J, Solicitor
Category: Family Law
Satisfied Customers: 22576
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street Practice
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i have left the family home and my husband. what rights do

Customer Question

i have left the family home and my husband. what rights do i have to the house. it is in both of our names and we both pay the mortgage. We have 6 children which we are trying to have joint custody of.
Submitted: 4 years ago.
Category: Family Law
Expert:  Stuart J replied 4 years ago.
Please give me the following information.

What is the property worth?

If you have a mortgage how much is outstanding?

How long together?

Other assets or pensions, savings, etc?

Both incomes?

Do you have children and if so how old are they?
Customer: replied 4 years ago.

The property is worth 500k with a mortgage of 400k, no other assets other than what is in the household all the furniture etc. We have been together for 20 years, we both earn the same amount of money and contributed the same into the house. We have six children aged 17, 15, 10, 7, and twins of 5. I have already left the house and am in rented now as i could not stay any longer, and he would not move out. does that mean i have given up my right to the house?

Expert:  Stuart J replied 4 years ago.

Relax. You have just as much right to the
house all the money that then it regardless of whether it is in joint names or
not, and regardless of whether you are currently living in it or not, and
regardless of whether you moved out or he moved out, or why. The financial
division will be exactly the same. The court does not apportion blame. With
regard to financial matters. So if it is completely your fault that the
marriage has failed, you do not suffer any financial penalty (or vice versa).

Unless you want to continue to live in the
property and as you appear to be having joint residence of children, it is
likely that the property would be sold and the proceeds split 50-50.

should try to resolve matters using family mediation

it is quicker and less confrontational than court it isnt necessarily cheaper.

more you can agree between you, the less money, you have to waste on
solicitors, although it is always as well to get what ever you agree, put into
a consent order and sealed by the court to provide certainty.

Does that answer the question?

Can I help further?

Please don't forget to positively rate my answer service (even if it was
not what you wanted to hear) and I will follow up any further points you raise
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helped a little, please ask me for further info before rating me negatively
otherwise I don't get paid at all for my time and answer.

The thread remains open.
Customer: replied 4 years ago.

thank you that does help. One further question i have is that we are failrly amicable at the moment, and I am prepared to keep the house on with him, because I do not want the children to go through any more sadness. I am already in rented so i see no benefit of making us sell the house at the moment. Obvioulsy half of it and its contents are mine, should i have something written by a solictor to say that it is all half mine and he can stay there until such time that either one of us want it sold?

Expert:  Stuart J replied 4 years ago.

Your financial interests/equity in the house
remains although an agreement now will save (hopefully) arguments later.
However, the financial split is the same whether you put it into an agreement
now or not.

You are not responsible for the mortgage or the
bills of a house that you do not living although you remain liable to the
lender if he stops paying.


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