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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34105
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 ex and I have been seperated now months but we have

Resolved Question:

My ex and I have been seperated now for 18 months but we have remained living in the same house. I now want to move out and live on my own, how will this affect my rights financially?
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 is outstanding on the mortgage?
What other assets are there and what income do you each have?
Clare
Customer: replied 2 years ago.
Hi Clare, the house is worth £120,000 we owe £90,000 mortgage. We also have 3 other houses two worth approx the same as this one the other one not as much. They are all mortgaged.
My ex still works and earns approx £28,000 pa. I am retired and get approx £900 per month.
I could go and live in one of the houses but he reckons he can't get the tenants out for three months, I really need to move on.
Expert:  Clare replied 2 years ago.
Hi
How long have you lived together and are there any children involved?
Clare
Customer: replied 2 years ago.
We have lived together for 33 and a half years we have been married for 31 and a half of these years. I have a son aged 47 from a previous relationship. John and I dont have any children.
Margaret
Expert:  Clare replied 2 years ago.
Hi
Has he agreed to give the tenants in the house you prefer notice to Quit?
Clare
Customer: replied 2 years ago.
He will but he says we would have to give three months notice. They do not have a contract. I am prepared to pay the mortgage. I could rent privately and be in on 30th March.
Margaret
Expert:  Clare replied 2 years ago.
Hi
Who is living in the property and why do they not have a Tenancy agreement?
Clare
Customer: replied 2 years ago.
The property has tenants living In it. They did have a six month contract which has now lapsed and not been renewed for some time now.
Margaret
Expert:  Clare replied 2 years ago.
Hi
they still have to be given formal Notice to Quit - and three months is not unreasonable
If you chose to move out whilst you are waiting then it does not change your financial entitlement - BUT it would make it harder to argue that you should receive the Matrimonial Home in settlement if that is what you want
In overall terms the length of the relationship means that the starting point for division of all the assets - including pensions - is 50/50
I hope that this is of assistance - please ask if you need further details
Clare
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