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UKfamsol
UKfamsol, Family Solicitor
Category: Family Law
Satisfied Customers: 560
Experience:  Very experienced specialist family law solicitor, qualifed in 1994
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My husband and I have agreed to sell the house but he is dragging

Customer Question

My husband and I have agreed to sell the house but he is dragging his feet but living in the house currently is not good my me or my children. If I move out can I ask for support until he sells the house. I earn about 25% of what he earns and there are considerable assets to divide up? I cannot manage financially but he says if I move out then I forfeit my rights to any equity or financial support
Submitted: 3 years ago.
Category: Family Law
Expert:  UKfamsol replied 3 years ago.
Hello and thanks for your question.

Your rights in the house are not affected by whether or not you are still living there.

You also have a right to be maintained by him whether or not you are living in the house - but given his attitude, this may mean that you have to take him to court to get the maintenance, and you may find it diffilcut to get legal aid to cover an applicatiuon to court, unless you have been a victim of domestic violence. His behaviour towards may count as domestic violence - and therefore entitle you to get legal aid to go to court for finances - but see a specialist family law legal aid solciitor to check this.

Here's where to find one:-

http://www.resolution.org.uk/findamember/

With regards to the house, and your share of all the other assets, including the ISA, the company shares etc, once you have filed a divorce petition at court, if you cannot reach agreement, or he drags his feet, you can get a binding court order from teh family court to set out exactly what should happen to ALL the assets.

In the meantime, once you are no longer living together, you can apply for child tax credit & working tax credit, housing benefit, council tax benefit, possibly income support, and OF COURSE child support. The Citizen's Advice Bureau can check what benefits you're entitled to and help you apply.

Here's where to find your local CAB:-

http://www.citizensadvice.org.uk/

I hope this helps and I wish you the best of luck.


Thanks and best wishes...

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