How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33318
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
13262538
Type Your Family Law Question Here...
Clare is online now

hello, my husband and i have separated. he refused to move

Customer Question

hello, my husband and i have separated. he refused to move out of the marital home and to save my sanity i did. the problem is i am not on the mortgage or deeds, i have completed a hr1 form and moved out 8weeks ago.
i have since recieved divorce papers from him sighting unreasonable behaviour- one statements says " i left the property" if i sign the papres and return them i am worried tha by signing this i am agreeing to waive any rights to the property and it's marital assets/equity.
he is telling me we cannot reach a financial agreement without a decree nisi but i feel i am being bullied into signing these divorce papers which will suggest i voluntarily left the property and my rights to it.
can you help please
thank you
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 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 long have you lived together?
How much is the property worth and how much is outstanding on the mortgage?
Clare
Customer: replied 2 years ago.

We lived together for just less than 14 years married for 12. The property is worth £225,000 with £30,000 outstanding on the mortgage.

Expert:  Clare replied 2 years ago.
Hi
Just to check - are there any children involved?
Clare
Customer: replied 2 years ago.

Yes, two aged 9 and 7.

Expert:  Clare replied 2 years ago.
Hi
Are the children with you?
How much would an alternative cheaper three bedroomed property in the same general area cost to buy?
Clare
Customer: replied 2 years ago.

access is split equally although he has intimated he would like custody. Three bed house would be about £150,000

Expert:  Clare replied 2 years ago.
Hi
Where are the children at the moment?
What income do you each have?
Clare
Customer: replied 2 years ago.

With my husband. I will have them today from 2-6. I take/pcik up from school and they stay here one night a week. I have no income/no job. I am not aware of my husbands salary at a guess £50,000

Expert:  Clare replied 2 years ago.
Hi
Where are you living at the moment - who owns the property?
Clare
Customer: replied 2 years ago.

Private rental paid six months up front to the end of March

Customer: replied 2 years ago.

My husband has the house and deeds in his name only. he bought the house before we got together though i lived there only 8weeks less than him. my stake in the house is as a marital asset. i live not far away from the marital house

Expert:  Clare replied 2 years ago.
Hi
You have a clear claim on the matrimonial home with a starting point of a 50/50 share of the equity.
By not defending the divorce you do NOT waive any of your rights to the property.
Your biggest problem is the fact that the children have remained with your ex and on that basis there is little chance of your receiving more than half of the equity - however since he has a good salary he should be able to raise sufficient funds so that you will not have to wait for the money.
You may wish to look at shared equity schemes so that you can rehouse yourself
I hope that this is of assistance - please ask if you need further details
Clare

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Kasare

    Kasare

    Solicitor

    Satisfied Customers:

    204
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
< Last | Next >
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    204
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Solicitor

    Satisfied Customers:

    133
    UK solicitor
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Solicitor

    Satisfied Customers:

    7
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    340
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.com/uploads/GL/Glossolicitor/2013-5-14_214834_TWMParkinsonWright.64x64.jpg Glos solicitor's Avatar

    Glos solicitor

    Family Solicitor

    Satisfied Customers:

    2
    10 years experience in all areas of family law, now specialising in cases involving social services and children
  • http://ww2.justanswer.com/uploads/UK/UKfamsol/My face July 2011.64x64.jpg UKfamsol's Avatar

    UKfamsol

    Family Solicitor

    Satisfied Customers:

    240
    Very experienced specialist family law solicitor, qualifed in 1994
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg chatham-chamber's Avatar

    chatham-chamber

    Solicitor

    Satisfied Customers:

    182
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)