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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2851
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I want to split from my husband. past 18 months be has been living separately in

Resolved Question:

I want to split from my husband. For the past 18 months be has been living separately in a caravan in the drive of our house. While I was working he didn't contribute at all to the household budget he used to let himself into the host while I was out and take thingslike food. One day I came home to find be had wired the caravan up to the house and since then has been tapping electricity that I'm paying for.
He agreed to put the house on the market in November 2014 we sold quickly but he refused to complete the sale.
In June 2015 I lost my job and told him I couldn't pay the mortgage any more. He cashed in a pension and has been paying it ever since saying he wanted to keep hold of his investment.
The house is in a bad state of repair. We have no Central heating since the boiler broke down. The only hot water we have is a shower in the bathroom.
I currently live here with my 17 year old daughter. My two sons are at home but will be going back to university soon.
We went t
Submitted: 1 year ago.
Category: Family Law
Expert:  Harris replied 1 year ago.
Hi, thanks for your question, however it seems that your question is incomplete as it cuts off. Please could you clarify what you need assistance with so that I can help. Please also confirm where in the UK you are located.
Customer: replied 1 year ago.
I am living in Somerset.
We have tried mediation but neither of us qualified for legal aid so couldn't afford to proceed.
I am currently working as a supply teacher so my income is unreliable and I am not able to afford to move out without assistance. As long as my name is ***** ***** mortgage I am not considered homeless.
What are my rights? Can I force him to sell the house? How do I get him to at least put the house in working order and maintain the garden etc? Can I prevent him from getting in whenever it pleases him?
He has also stolen money from a bank account via an internet app and won't pay it back.
Expert:  Harris replied 1 year ago.
Thanks for the further information.
As you have separated you can pursue divorce proceedings and alongside those proceedings you can pursue a financial relief application under Form A once the divorce petition has been issued. You do not necessarily need a solicitor to deal with all of this and you can pursue it yourself.
In the financial relief application you can make apply regarding the finances and the court will look at the following criteria:
1. The income, earning capacity, property and other financial resources which each of the parties to the marriage has or is likely to have in the foreseeable future, including in the case of earning capacity any increase in that capacity which it would in the opinion of the court be reasonable to expect a party to the marriage to take steps to acquire;
2. The financial needs, obligations and responsibilities which each of the parties to the marriage has or is likely to have in the foreseeable future;
3. The standard of living enjoyed by the family before the breakdown of the marriage;
4. The age of each party to the marriage and the duration of the marriage;
5. Any physical or mental disability of either of the parties to the marriage;
6. The contributions which each of the parties has made or is likely in the foreseeable future to make to the welfare of the family, including any contribution by looking after the home or caring for the family;
7. The conduct of each of the parties, if that conduct is such that it would in the opinion of the court be inequitable to disregard it;
8. In the case of proceedings for divorce or nullity of marriage, the value to each of the parties to the marriage of any benefit which, by reason of the dissolution or annulment of the marriage, that party will lose the chance of acquiring.
The orders can include lump sum payments, transfer of property and spousal maintenance.
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