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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33955
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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Im married with 2 children aged 13 & 15, both my husband are

Resolved Question:

I'm married with 2 children aged 13 & 15, both my husband are working. We are all but separated, I work 4 days on 4 days off 12 hour shifts, On the days that I am not working my husband does not come to the house. We bought our house together 15 years ago, but he only contributes financially as a when he feels like it. I know that he has another women, which is fine by me, as I feel no love for this man any more. My worry is that he gambles and claims he can't afford to give me any money. I would like to know how I can get legally separated from this man, in the hopes of one day getting at divorced. I'm afraid he is running up debts that may affect me.

Also it it possible to get legally separated while living in 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 XXXXX XXXXX
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 are there and what income do you each have?
Clare
Customer: replied 3 years ago.

There is approx 138K outstanding on the mortage. I haven't had the house valued, but would estimate that it would be worth approx 250k.


My income is £23,500 and his approx £21,000. There is no other assets.


 


 

Expert:  Clare replied 3 years ago.
Hi
Who pays the Household bills and the mortgage?
Clare
Customer: replied 3 years ago.

At the beginning of 2013 I worked out that we had to pay aprox £950 each into our joint a\c, this would cover the mortgage and bill etc. In 2013 he missed 4 months payment. For 2014 he as only paid in a total £580.


 


The figure of £950 doesn't include any clothing for the children. Anything they want they always come to me for.


 

Expert:  Clare replied 3 years ago.
Hi
Could manage the household finances if he left?
Clare
Customer: replied 3 years ago.

It would be a real struggle, I would have to rent one of the bedrooms out.


You still have not answered the question is it possible to be legally separated while living in the same house, and if so what is the next step?


 

Expert:  Clare replied 3 years ago.
Hi
Is there any reason why you want to delay the divorce rather than going ahead straight away?
Clare
Customer: replied 3 years ago.

No not really, that is probably what I will end up doing, was just asking the question.


 


 


 

Expert:  Clare replied 3 years ago.
Hi
It is possible to live separately in a house which will still allow you to count it if you wish to have a divorce based on two years separation - but it is not easy.
You have to live entirely separately - like two almost strangers sharing a property.
No shared cleaning/cooking/washing/shopping - nothing communal at all
I am uncertain what you wish to achieve by doing this rather than by seeking an immediate separation and agreeing the financial issues
You are not responsible for any debts that he runs up in his sole name - the only way it will effect you is if he fails to pay them and either goes bankrupt or the debts are registered against HIS share of the property
This will not change is you are simply living apart in the property.
In general terms the family court will not force the sale of the property until the children are 18
I hope that this is what you wish to know - please ask if you need further details
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33955
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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