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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33945
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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I have been estranged from my husband for 10 years attempted

Resolved Question:

I have been estranged from my husband for 10 years attempted on two occasion to proceed with a divorce, he lived in ireland for 8 of those years, we have a mortgage in both our names. i have supported our child paid the bills mortgage etc solely. two years ago when my son was 16 he returned and moved into property locally with no reasonable communication or support finically, mail was coming to my address
when i spoke with him he said he had a right for mail to come to the address as his name is XXXXX XXXXX mortgage. I now have had my tax credits stopped. He does not live at my address does not contribute where do i stand.
regards
val kelly
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.
What would you like to know about your position?
Clare
Customer: replied 3 years ago.

can my tax credits be stopped just because he has


mail coming to my home what can I do to stop it can he still claim half of the property even though he has not contributed for these years ?

Expert:  Clare replied 3 years ago.
Hi
Do you have your ex's address and are you intending to issue divorce proceedings?
Care
Customer: replied 3 years ago.

I have his address. And will try again to issue divorce.

Customer: replied 3 years ago.

Yes I have his address please give me answer I can work with or stop corresponding as I am not in a finacial positon to continue


Regards

Expert:  Clare replied 3 years ago.
Hi
For reassurance all these queries are covered under the one payment!
Since he is indeed still an owner he can use the address - but since he is not living there you are entitled to mark the post "return to sender" and post them on
You need to appeal the with drawl of the Tax Credits immediately
The process is described here
http://webarchive.nationalarchives.gov.uk/20131002105749/http://www.hmrc.gov.uk/taxcredits/things-go-wrong/complaints-appeals/appealing.htm
The fact that he receives letters at your address is not evidence that he is living there - you should provide details of his actual address
At the same time you can issue divorce proceedings based on the fact that you ha e lived apart for more than five years
Details here
https://www.gov.uk/divorce/overview
I hope that this is of assistance - please ask if you need further details - the followups are also included
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33945
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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