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Ask Clare Your Own Question
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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what are my rights my husband ask to separete but still leave

Resolved Question:

what are my rights my husband ask to separete but still leave on the same house
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.
Has there been any violence?
Are there any children involved?
Clare
Customer: replied 3 years ago.
No violence but verbal abuse yes we have to children one at university other at secondary school still on need of family stability I personally think anyway
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 do you each have?
Clare
Customer: replied 3 years ago.
Well mine guess 34000.00 outstanding 130.000 him about 23.000 at year me not very much 6000 to 7000 at year
Expert:  Clare replied 3 years ago.
Hi
How old is your youngest and how much does a two bedroom property in the same general area cost to buy?
Clare
Customer: replied 3 years ago.
Sixteen year to bedroom to be honest not idea I know flats cost about if not more than my house
Expert:  Clare replied 3 years ago.
Hi
You need to look at Zoopla as this is crucial to your position
Clare
Customer: replied 3 years ago.
What is zoopla
Expert:  Clare replied 3 years ago.
Hi
Sorry it is a site that gives you an idea of house prices
http://www.zoopla.co.uk/for-sale/
Clare
Customer: replied 3 years ago.

Sorry I know will be impossible to buy a new place I just need to know what my legal rights are eg since we have to leave on the same roof for time being

Customer: replied 3 years ago.

Hi sorry will be impossible to buy a new place I know that just want to know what my rights are. while we separated but living under the same roof since neither can afford if financially

Expert:  Clare replied 3 years ago.
Hi
Do you wish to end the marriage and have a divorce?
Clare
Customer: replied 3 years ago.

Well not at the moment children need a house and stability at the moment they are my priority not my needs just need to know so

Customer: replied 3 years ago.

Sorry not the moment my children need stability and a house to call home just need the information so will know what steps to take on the near future

Expert:  Clare replied 3 years ago.
HI
That is fine.
So what do you actually need to know about your position?
Clare
Customer: replied 3 years ago.

Well you tell me what I need to know so I could take precautions to protect myself and children

Expert:  Clare replied 3 years ago.
Hi
Has he said that he will continue to pay the bills?
Clare
Customer: replied 3 years ago.

Well while we leave on the same roof I expect so that's what I talk him but well you never know

Customer: replied 3 years ago.

Well that's what he say well can you tell me what my rights are on this situation so I have the information yes or not

Customer: replied 3 years ago.

Well yes can you tell me my rights on this situation so I know so I could on the future know how to deal with it thank you.

Expert:  Clare replied 3 years ago.
Hi
I am sorry but I am not sure what rights you are referring to
Both you and your husband are entitled to remain in the matrimonial home unless and until there is a court order either as a result of violence or because the financial side of divorce proceedings have been dealt with.
Your ex i snot able to force a sale of the property until your youngest child is 18 - however if you separate before then you may be able to negotiate a better financial settlement - once the child is 18 a 50/50 division of the assets becomes more likely
If your ex does pay the bills then that is well and good - if he does not then your only option would be to make a claim within Divorce proceedings for spouse maintenance
I hope that this covers what you wish to know - but if you need more then please just let me know which areas are concerning you most
Clare
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