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Ask Clare Your Own Question
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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I am getting divorced from my husband and we are separated

Resolved Question:

I am getting divorced from my husband and we are separated uty still live in the same house as at the moment neither of us can we afford to move out. I have two children aged 9 & 6. What benefits am I entitled to under this situation. I work part time at a local supermarket on £7.00 per hour approx 20 hours per week.
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 income does your ex have?
Clare
Customer: replied 2 years ago.

Hello Clare

The house is worth £190,000.

Outstanding mortgage is £119,000.

He earns £12,116 pa net of tax & national insurance contributions.

Clare Evans.

Expert:  Clare replied 2 years ago.
Hi
Which of you is the principle carer of the children?
Clare
Customer: replied 2 years ago.

Clare

I am

Regards.

Claire Evans

Expert:  Clare replied 2 years ago.
Hi
What steps is your ex taking to find alternative accommodation?
Clare
Customer: replied 2 years ago.

Hi Clare

None at the moment.

Claire Evans

Expert:  Clare replied 2 years ago.
Hi
When you say that he cannot afford to move out what accommodation is he actually looking for?
Clare
Customer: replied 2 years ago.

Hi Clare

He's not really looked as he can't afford anything around Hinckley. I think he may move back to his mum & dad's house in Wales, but I'm worried he may try to take one or both of the children with him.

Claire

Expert:  Clare replied 2 years ago.
Hi
I she not able to rent locally?
have you looked at what options he might have?
C;are
Customer: replied 2 years ago.

No I am more concerned with the childrens welfare and mine not his.

Expert:  Clare replied 2 years ago.
Hi
In the event that there is a fight over the house then the family court will allow you to remain there with the children - and your ex will have to wait for his share of the equity until your youngest child is 18 or you cohabit.
However if you wish to take action to get him out sooner rather than later then you do need to show that he has other housing options available to him
Whilst his income is not high it is not so low that renting locally is not affordable even bearing in mind the fact that his Child Maintenance liability would be 16% of his gross income.
With regard to benefits you can apply for Tax credits - and once he has left you MAY be able to apply for benefits to assist with the mortgage
You can check your entitlements using the website here
http://www.entitledto.co.uk/
Please ask if you need further details
Clare
Clare and other Family Law Specialists are ready to help you

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