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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33282
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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Hi, I have just left my marrital home after 17 years marriage

Customer Question

Hi, I have just left my marrital home after 17 years marriage and have left my 14 year old daughter with my husband as i am at a friends house and feel it is not right taking her out of her home surroundings. The house is in my husbands name only (mortgage) and i am unemployed as my husband was the sole bread winner. I would like to know what my rights are as to access to the house and possibly moving back in to be with my daughter.

Thank you
K Green.
Submitted: 3 years ago.
Category: Family Law
Expert:  Stuart J replied 3 years ago.

Hello, I am Law Denning and I am a practising solicitor in a High
Street practice. I have been an expert on this website in UK law since 2008.
During that time, as you appreciate, I have answered thousands of questions
from satisfied users on a variety of subjects.
Because we are all in practice with clients and court and other
users, I might not always respond in
minutes, particularly evenings and weekends. Please bear with me in that
case

It is my pleasure to try and assist you with this today. Please bear with me
while I gather some further information from you in order for me to be able to advise you fully.

Are you contemplating divorce?
Customer: replied 3 years ago.


At this stage no, but i would like to know my rights at being in the house with my daughter seeing as it is not in my name?

Customer: replied 3 years ago.
Relist: Answer came too late.
I need answers asap please.
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question I shall do my best to assist you
You have every right to return to the Matrimonial Home whenever you wish and to remain there so long as you are still married.
Indeed you also have a clear financial claim on the property and are likely to receive at least 50% of the equity once it is sold and indeed possibly more.
If your ex attempts to prevent you from returning then you can apply to the court for an exclusion order forcing him to leave so that you can return.
You can also seek such an order if he is violent towards you
I hope that this is of assistance - please ask if you need further information
Claire
Customer: replied 3 years ago.
Thanks for ur reply so I can go home and remain there even if the marriage has broken down? He is saying I can only go back if I am willing to give the marriage another go which I do not wish to do. If however I decide not to go back would I be entitled to any help from the goverment for my daughter and I to live as I am in employed?

Thanks
Expert:  Clare replied 3 years ago.
Hi
You are indeed entitled to live there despite the breakdown of the marriage and your husband cannot impose conditions
If there has been the threat of violence then the Local Authority may help with rehousing temporarily - but they will also expect you to actively pursue your claim on the Matrimonial home and seek an order allowing you to live there (without your ex) until your daughter is 18
Claire
Customer: replied 3 years ago.
So who will pay the mortgage.? Is my husband still legally obliged to pay it even if he is not living there and I am withy daughter?


Thanks
Expert:  Clare replied 3 years ago.
Hi
In the long term that would depend on the eventual financial settlement
- you may end up paying it from your spouse and child maintenance and any benefits you may receive
Claire
Customer: replied 3 years ago.
I know he would have to give maintenance for my daughter but would he have to still provide for me?

Thanks
Expert:  Clare replied 3 years ago.
Hi
That is a complex question that depends on the extent of the assets and the amount that he earns - but in the short term it is likely yes
Claire
Customer: replied 3 years ago.
Ok he owns his own company so is financially secure so would that be taken into account?

Thanks
Expert:  Clare replied 3 years ago.
Hi
How much is the house worth and how much is outstanding on the mortgage?
What other assets are there and what income does he have?
Claire
Customer: replied 3 years ago.
Hi well all I know is its an interest only mortgage and the house is worth £175,000. I'm not sure the exact amount he earns as he is self employed and it varies from mont to month.

Expert:  Clare replied 3 years ago.
Hi
The starting point for division of all the assets is 50/50 and so far as the court is concerned is that you and the child are safely housed
There is a good chance that you are entitled to spouse maintenance.
You will need to discuss matters with your ex using Family Mediation (www.familymediationhelpline.co.uk) where there will have to be full disclosure of assets
Claire

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