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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34580
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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Ive left home with my youngest daughter as my husband was

Resolved Question:

I've left home with my youngest daughter as my husband was verbally abusive. Gone to my Mums house, we rent the house we live in have no savings where can I go next for advise please my older two adult children are at home
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 old is your youngest child and is this a private pr social housing rental?
Clare
Customer: replied 3 years ago.
My child is 12 the rental is private
Expert:  Clare replied 3 years ago.
Hi
How long have you lived there and what income do you each have?
Clare
Customer: replied 3 years ago.
5years I don't work my husband had an accident in March and is due back to work he is self employed so money very tight he earns about 40 thousand a year when working
Customer: replied 3 years ago.
5 years I don't work
My husband is self employed but had an accident in March he is due back to work and earns about 40 thousand a year
Money is really tight at the moment all Savings have been soent
Expert:  Clare replied 3 years ago.
Hi
Has there been any physical violence?
Clare
Customer: replied 3 years ago.
No
Expert:  Clare replied 3 years ago.
Hi
Do you wish to end the marriage?
Is the tenancy in joint names?
Clare
Customer: replied 3 years ago.
Private rental through a friend have to give 6 months notice
Undesiided as need to see how things go I have come back and said I will stay here until I can find somewhere else with my daughter
His response was it is your choice but my daughter isn't living in a bedsit
Some money due to us so hopefully will be able to sort a private rental
Is he able to make me leave as he pays the rent?
Expert:  Clare replied 3 years ago.
HI
You have an absolute right to remain in the matrimonial home - whoever is paying the rent.
The issue of which of you should remain in the home is one for negotiation between you using Family mediation (www.familymediationhelpline.co.uk)
If no agreement can be reached then the issue can be decided by the Family Court within the financial side of Divorce Proceedings
Given that your youngest child will remain with you there is every chance that the court would leave you and the children in the property and transfer the tenancy into your sole name
I hope that this is of assistance - please ask if you need further details
Clare
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