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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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I am married for about 34 years. my husband and I have separated

Resolved Question:

I am married for about 34 years. my husband and I have separated over ten years. I was the main carer of our 2 children before they left home. I live in our family home and have maintained it for over 10 years. my husband lives with his partner, he has a great pension and has just inherited a third of his mother's estate. My husband keeps harassing me to sell our family home-I would be homeless if I sold the family home. where do I stand?
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 is your income and what is your best guess on his assets and income?
Are you willing to start divorce proceedings?
Clare
Customer: replied 3 years ago.

my income is £1444.42 monthly gross. last week's house market appraisal valued at £230,000.00. mortgage is under £7,000.00 which is dd monthly from my account, I also pay for house insurance, council tax etc. my husband pays for 1 single bill which is the tv licence!! my guess based on what my husband chooses to tell me is that- he has a monthly pension of about £500.00, his inheritance was a third share with his 2 siblings from their mother's estate which is about £70,000.00 this year plus an inheritance from his aunt's estate a further £30,000.00.about 2-3 years ago.


 


yes I am interested in a divorce and a fair settlement and nothing less

Expert:  Clare replied 3 years ago.
Hi
How much would you need to rehouse yourself
Clare
Customer: replied 3 years ago.

I would need at least 160,000.00 to buy a 2 bed cottage in my area

Expert:  Clare replied 3 years ago.
Hi
Do you have a private pension at all?
Clare
Customer: replied 3 years ago.

Yes I do I only started paying into lgss pension scheme8 years ago...

Expert:  Clare replied 3 years ago.
Hi
Rough value?
How much would a one bedroom property cost (I appreciate that this is not what you want but I need the figure)
Clare
Customer: replied 3 years ago.

a one bedroom property in my area would probably be in the £1115.00 range. my payslip indicates that I pay between 91 and 100 per month on my lgss pension scheme. I have no savings but struggle to pay off debts the majority of these debts was taken out when my children lived at home and I had to use credit cards and loans to sustain. My husband contributed £100 a week and a total of £400 a month for both our 2 children until they finished/ completed fulltime education- my son when he turned 16 and my daughter at 18.

Expert:  Clare replied 3 years ago.
Hi
You can start divorce proceedings base don the fact that you have lived apart for more than five years whenever you wish - as can your husband.
If you and he cannot agree a fair division of ALL the assets using Family mediation (www.familymediationhelpline.co.uk) then you can apply to the court for the court to decide the matter.
The Court will look at ALL the assets that you both have and decide how to distribute them fairly between you and I would expect your housing needs to be the priority - with a good chance that you will receive enough to purchase a two bedroom property if that is what you wish
I hope that this is of assistance - please ask if you need further details
Clare
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