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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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I have been married 12 yrs. My husband left me in February.

Customer Question

Hello,
I have been married 12 yrs. My husband left me in February. I had to skip my entire house we were renting as i was given 2 days to get out or so he told me which ended up being a lie. I moved in with my parents and I referred myself to a rehabilitation center as my drinking had become really bad through physical and mental abuse off him.
We have a 12 year old daughter who moved in with paternal grandmother whilst I was in the center as her father got a job teaching in Qatar. Since August I have been fighting to keep her here as she has many issues as you can imagine. Since completing rehab I have been told I cannot let her live with me yet as it is early days. Today I reluctantly had to sign to allow her to go to Qatar with her father.
He as left me homeless and penniless. We had to sell our home 4 years ago as he had to quit his job from teaching because some pupils found porn on his phone.
We sold our house and moved into rented property. We got £30,000 from the sale of this home. 2 years ago I found out he had gambled the lot away. He is now living rent free and tax free in Qatar. He still has not sent me divorce papers which I keep asking for. What I want to know as I don't have any funds or savings do I have a case. I am even willing to take a loan out.
Thank you
Regards
Pauline
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year ago.
HiThank you for your questionMy name is ***** ***** do my best to help you but I need some further information firstWhat is it that you want to do?
Customer: replied 1 year ago.
He is supposed to be sending me divorce papers. I want to know what i am entitled to
Customer: replied 1 year ago.
He says he has nothing to give me even though he is earning £2.500 a month tax free
Expert:  Clare replied 1 year ago.
HiFor clarity - there are no longer any assets and the child is with him.What income do you have?Clare
Customer: replied 1 year ago.
We still both have parental rights and she can come back any time. I am currently getting esa which is £70 a week
Customer: replied 1 year ago.
He says there are no assets I don't know if this is true or not. I do know we have been paying his mothers mortgage for years and if anything was to happen to her the house would of been ours
Expert:  Clare replied 1 year ago.
Hi
Where is his mother's house?
Clare
Customer: replied 1 year ago.
In Biddulph Stoke on trent
Expert:  Clare replied 1 year ago.
hi
How long were you paying the mortgage for?
Clare
Customer: replied 1 year ago.
He was paying it when i met him and continued to do so till this day
Expert:  Clare replied 1 year ago.
Best guess on how much that house is worth?
Customer: replied 1 year ago.
Between £60 and £80,000
Expert:  Clare replied 1 year ago.
Okhas your ex said when he will issue divorce proceedings?
Customer: replied 1 year ago.
He as supposed to have filled them in or so he says. He flew back to Qatar friday morning with our daughter,.
Expert:  Clare replied 1 year ago.
Do you wish to issue a divorce petition base don his Unreasonable Behaviour?
Customer: replied 1 year ago.
he is supposed to be sending me divorce papers as i cannot afford to. I just wanted to know if i would be entitled to something seen as we have been married for 14 years, i have worked and put just as much into this marriage and as i said he has left me with nothing. I cannot work at the moment due to the fact i cannot afford to pay expenses on houses as i am currently in a house share and only receiving £70 a week. My daughter as implied she will be coming back to live with me and i would then have to find alternate accommadation.
Expert:  Clare replied 1 year ago.
Best guess on how much he earns?
Customer: replied 1 year ago.
£2.500 a month
Expert:  Clare replied 1 year ago.
Hi
Within the divorce proceedings you can make a financial claim on your ex
From what you have said he - and therefore you- have a claim on the house that hi smother owns as he has been paying the mortgage.
In addition if you are not able to earn at present he may have to pay spouse maintenance - especially if the child comes to live with you
If you wish to start the divorce proceedings yourself the process is set out here
https://www.gov.uk/divorce/file-for-divorce
and it is very possible that you are entitled to fee remission so that you would not have to pay the fee.
I hope that this is of assistance - please ask if you need further help
Clare

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