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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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What rights do me and my son have to our home after

Customer Question

what rights do me and my son have to our home after divorce...my name is ***** ***** property and he wants to leave but is saying he has no money... He is in full time employment I work at home in childcare....we have been  married 8 years separated 2 years... i filed divorce with his consent...

Submitted: 2 years ago.
Category: Family Law
Expert:  Nicola-mod replied 2 years ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 2 years ago.

I dont mond waiting... xxx

Thank u

Expert:  Nicola-mod replied 2 years ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Expert:  Nicola-mod replied 2 years ago.
Hello,
I apologise as we have not yet been able to find a Professional to assist you. Do you wish for me to continue to search for someone to assist you or would you like for us to close your question at this time?
Thank you for your patience,
Nicola
Customer: replied 2 years ago.

Really need someone to assist me...happy to wait xx

Expert:  Nicola-mod replied 2 years ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Customer: replied 2 years ago.

Thanks for keeping me updated..

Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is ***** ***** I will do my best to help you
You have an absolute right to remain in the former matrimonial home so long as you are married - or there is a court order giving you the right to do so.
You must NOT apply for the Decree Absolute until the financial issues have been resolved
You need to arrange to have a Mediation Information and Assessment meeting with a local Family mediator as soon as possible
www.familymediationhelpline.co.uk
If your ex refuses mediation then you will need to apply to the court for the financial issues to be dealt with - which will either mean you remaining in the matrimonial home until your child is 18 or you cohabit - or the property being sold and you receiving enough to rehouse yourself and the child and your ex waiting for his capital on the same basis as for the matrimonial home.
I hope that this is of assistance - please ask if you need further details
Clare