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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34105
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 my partner has seperated from her husband and since November

Customer Question

Hi my partner has seperated from her husband and since November 2013 is now living with me.They have put their house up for sale as the mortgage is in both their names.Is there any time limit on how long she has been out of the property,that would effect the financial split of the equity.
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?
How far have divorce proceedings reached?
Clare
Customer: replied 3 years ago.

The house is up for sale at £270,000. They owe £140,000. He was supposed to have started divorce proceedings, but has not so far.

Expert:  Clare replied 3 years ago.
Hi
How much does he earn?
Clare
Customer: replied 3 years ago.

We are not sure as he has just gone into business for himself as a stationary wholesaler. Up to this point we guess around £60,000 per annum.

Expert:  Clare replied 3 years ago.
Hi
is your partner willing to start proceedings herself?
Clare
Customer: replied 3 years ago.

Yes I think she would if it meant all the aggravation being over.

Expert:  Clare replied 3 years ago.
Hi
Your partner should apply to the CSA for maintenance - she is entitled to 12% of his gross income
I would suggest that she starts divorce proceedings base don her ex's Unreasonable Behaviour without delay
She should also offer to discuss a financial settlement with him using Family Mediation (www.familymediationhelpline.co.uk)
She is entitled to half of ALL the matrimonial assets - even those held in his sole name
There s no time limit on claiming her share of the equity
I hope that this is of assistance - please ask if you need further details
Clare
Clare and other Family Law Specialists are ready to help you
Customer: replied 3 years ago.

Thank you for your advice, it will help my partner to deal with the issues at hand. Thanks again.

Customer: replied 3 years ago.

Sorry one last question, if my partner does start divorce proceedings,can she get legal aid and if she can, will it be deducted from her share from the sale of her house?

Expert:  Clare replied 3 years ago.
Hi
Sadly Legal Aid is no longer available for such cases
Clare

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