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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34235
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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Hello, Im looking to separate from my husband. We have 3 children.

Resolved Question:

Hello, I'm looking to separate from my husband. We have 3 children. We live in a house that it is my husbands name, I have put a restriction on the property so he cannot sell. We have been married for nearly 10 years. I am the primary career. He does not want to leave the house nor does he want to sell so we an go our separate ways. I do not work nor have I worked since being a mom so cannot afford a solicitor. Please advise on best course of action? Many thanks
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
How much is the house worth and how much is outstanding on the mortgage?
What other assets and debts are there and what income do you each have?
How old are the children, and has your husband been violent at all?
Clare
Customer: replied 3 years ago.

The house has been valued at £550,000. There is £189,000 Outstanding on mortgage .


my husband has about £15 000 in debts from a failed business.


income is zero as his business has not worked out so he's been looking for work for 9 months. His parents pay all his bills. Ii have been a full time mum but am also looking for work. I am trying to apply for child tax credits but he is dithering on getting the details HMRC need from him.


the girls are 8,7 and 4.


he is not violent just extremely difficult to live with.

Expert:  Clare replied 3 years ago.
Hi
How much does a cheaper three bedroom property in the area cost to buy?
Clare
Customer: replied 3 years ago.

About £400 000

Expert:  Clare replied 3 years ago.
Hi
Are you willing to issue divorce proceedings?
Clare
Customer: replied 3 years ago.

At this point I need to know what my options are, I need to know we ( me and the children)will still have a roof over our heads. The answer is yes if we have a stable outcome. We currently don't share a room for nearly a year now and to continue makes no difference as long as the children still have a family home to enjoy.


 

Expert:  Clare replied 3 years ago.
Hi
You cannot force your ex to leave immediately unless he is violent
However within the financial side of divorce proceedings the priority for the family court is the safe and secure housing of the children until they are 18 - either within their current home or a house you purchase with the proceeds of sale.
As things stand a sale will not release sufficient funds for you to rehouse them - but if your ex can prove that this is possible then a sale could be ordered
Either way your ex will have to wait until your youngest is 18 - or you cohabit - before he receives his share - and even then it is likely to be a 60/40 division in your favour - more if he has pensions and you do not.
Please ask if you need further details
Clare
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