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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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hello my husband has left the family home and is not coming

Resolved Question:

hello my husband has left the family home and is not coming back what are my rights to stay in the home i am paying the bills now thank you
Submitted: 3 years ago.
Category: Family Law
Expert:  UKfamsol replied 3 years ago.
Hello and thanks for your question.

I need a bit extra information to be able to answer:

Who owns the house?
Is your name on the title deeds?
Customer: replied 3 years ago.

the house is in both names . he has rented a house and gave me some money to help pay the bills the house is payed for and he will not communicate with me as it has only been 10 weeks he has taken most of his belongings thanks

Expert:  UKfamsol replied 3 years ago.
Hello again & sorry for the delay in getting back to you.

As your name is ***** ***** title deeds, the house cannot be sold or transferred into your husband's sole name unless either you agree, or he gets a court order. He will not get a court order unless one of you has filed a divorce petition at court, and even then, not unless one of you has asked the court to decide how the assets should be divided between you. And you would have plenty of notice if there was a court case, with every opportunity to put your case to the court before any decision was made, so don't worry about that. But you do need to be aware that as the house is in joint names, the mortgage probably is too, and therefore you are both jointly and severally liable for the mortgage. That means that you need to keep up the mortgage payments and not let the mortgage get into arrears, to avoid the building society taking any action against you. If you contact the building society now, and explain what has happened, they might agree to give you a payment holiday, or to pay interest- only - for a set time - to allow you and your husband time to decide what to do about the house and all the other assets.

I think you would benefit from some face-to-face legal advice. Most solicitors will give a free initial interview. Here's where to find a specialist family law solicitor:

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

As well as deciding what do about the house and other assets, you'll also need to decide what arrangements are needed for the children if any. Who are they to live with, and how much are they to see the other parent? You need to discuss what child maintenance should be paid. Here's a useful site about that:-

http://www.cmoptions.org/en/calculator/

If you can reach agreement on any of these issues, that's much less stressful, quicker and cheaper than going to court. Yoiu can negitiate either between yourselves, or via solicitors' correspodnence, or via mediation. The family court anyway now requires the parties to have attempted mediation before it will consider an application to court. Here's where to find a local family mediation service:-

http://www.familymediationcouncil.org.uk/find-local-mediator/

The citizens advice bureau can advise you what benefits you might be entitled to now that your husband has left, as well as help you to apply for them.

http://www.citizensadvice.org.uk

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


Thanks and best wishes...



UKfamsol and other Family Law Specialists are ready to help you
Customer: replied 3 years ago.

thank you for your help mrs richardson

Expert:  UKfamsol replied 3 years ago.
You're very welcome!