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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34236
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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My husband & I have just split up, there will not be enough

Resolved Question:

My husband & I have just split up, there will not be enough money from the sale of the house for me to buy again so I have put my name down on a waiting list for 55+ housing it will be some time before I get an offer. We have agreed that I can stay in the house and we will pay half the bills each until this happens. (The house is paid for)
1) should I get this agreement in writing
2) how should I go about sort the finances out, as we/I have no savings but there is an overdraft on our joint account and all the bills are paid from this account, I'm not sure I should still have my wages paid into this and I don't know how to sort out the overdraft, also I am worried that if my husband wanted to he could run up more debt on the overdraft
3) If we do the above can I let a room to help me meet these payments without my husbands agreement
4)Would it be within the law to ask my husband to agree to a time that is suitable to us both if he needs to come into the house for anything
5) He is seeing another women, can divorce be on the grounds of adultery or do I need evidence of a sexual relationship for this
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 much is the house worth and how much would a shared ownership property cost you?
Does your husband have a private pension?
How much is the over draft and what income do you each have?
Clare
Customer: replied 2 years ago.

House - about 200 - 220 thou, not sure what you mean by a shared ownership property I will be renting , rent will be about 650 per month

Pension - yes but not a very good one I think

Overdraft about 2,000, my income is 15,200 yr, husband monthly take home is 1,388

thanks clare

Expert:  Clare replied 2 years ago.
Hi
You can find out more about shared ownership schemes which will help you buy an alternative home here http://www.helptobuysouth.co.uk/
What bills will your husband be paying towards?
Clare
Customer: replied 2 years ago.

I don't think I will have enough money to part buy, also I think there will be a problem for me getting a mortgage as I have had cancer and cannot get life insurance and only have 9 year until retirement. My husband is willing to pay half of all the bills this includes insurance and 2 loans we have, until I am offered housing. The waiting list I am on for reted housing is social housing for the over 55

Expert:  Clare replied 2 years ago.
Hi
I see
Have you both agreed that there should be an immediate divorce?
Clare
Customer: replied 2 years ago.

No

Expert:  Clare replied 2 years ago.
Hi
May I ask which of you does not want a divorce?
Clare
Customer: replied 2 years ago.

Me, as he has gone off with another women, or advise on which is the best thing to do

Expert:  Clare replied 2 years ago.
Hi
It would be sensible to have a Separation Agreement setting out the financial arrangements that have been agreed to protect you
Please understand that he does not have to pay the utility bills if he is not living there so his offer is generous
You should also have it written into the agreement that you can have a tenant, and also when he can attend the property.
As a joint owner he is entitled to return at any time - so if he will not agree to any restriction then you may have to just accept that
With regard to the joint account it would be sensible to agree to that being either closed or frozen and for you to pay your wages into an account in your sole name
You can negotiate these issues with him using Family mediation
www.familymediationhelpline.co.uk
It is only possible to use the Adultery Ground if your ex will agree to a divorce on that basis - otherwise Unreasonable Behaviour is a better option
Please ask if you need further details
Clare
Clare and other Family Law Specialists are ready to help you