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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34121
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 is the main house hold earner in our home.

Customer Question

Hello, my husband is the main house hold earner in our home.
He kick me out of our marital room years as i started socializing with friends and drinking. 15 years ago was the first time he hit me, and has done so on numerous occasions. GP has all records and photos too. As we live under the same roof it gets very frustrating for me as he gives me the cold shoulder all the time. The biggest issue is Religion. He is a Muslim and i don't believe in the way he wants me to be. If he gives me a divorce, i am not willing to let my house go due to my children. He wants his half of the house.
Do i have to give him half of the ammount of the house? Or as we have been seperate for 9 years and iv tried to keep the marriage with the hope that things will change, will i be entitled to more?
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?
how old are the children?
what other assets are there and what income do you each have?
Clare
Customer: replied 2 years ago.

The house is about £350 Thu this is just a rough estimate.

The mortgage as i understand 7 years left to pay.

My children : Daughter age 24

Son age 19

He doesnt want any assets.

Expert:  Clare replied 2 years ago.
Hi
How much is still owed to the mortgage company?
How much do you each earn?
Clare
Customer: replied 2 years ago.

The mortgage left to pay is at 11,211.11

He earns 32000.04 per annul

I earn my be at most 100 per week

Iam on tax credits for myself and my son as he is in full time education.

Expert:  Clare replied 2 years ago.
Hi
I am afraid that your husband is entitled to insist that the house is sold if you are not able to raise the money to buy out his share of the property.
The starting point for division is 50/50 - but the fact that you have cared for the children means you may get a little more - and you can also ask for more capital instead of ongoing spouse maintenance so a settlement where you receive between 65 and 70% of the equity is possible
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 2 years ago.
Further to my query
I have been subject to domestic Violence for the last 15 years. Iv been emosionally abused as well as phychical. Where do I stand on those grounds?
Expert:  Clare replied 2 years ago.
Hi
Sadly that does not change the eventual outcome (I wish it did)
Clare

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