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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2848
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I have been separated from my husband months, we have

Resolved Question:

I have been separated from my husband for 9 months, we have 3 children 7yrs-13yrs, we want a divorce but he is saying unless I agree to sell the house he won't divorce as he wants to be able to get a mortgage. He hasn't paid any child maintenance so far apart from a little when I was off work very ill for several weeks. He pays £70 pcm his half of mortgage interest and I am paying the rest, including capital. Would it be a possibility (if the figures add up) that he could sign the house completely over to me (currently in joint names) as maintenance upfront for the three children, thus providing a stable home for them all until my youngest turns 18, rather than paying out full child maintenance?
Submitted: 1 year ago.
Category: Family Law
Expert:  Harris replied 1 year ago.
Hi, thank you for your question.In relation to child maintenance, this can be pursued separately and immediately with the Child Maintenance Service (0345(###) ###-#### ***** will assess his legal liabilities - this is calculated on his gross income and how often on average the children stay with him overnight each week - if you provide me these details I can inform you of the amount he is legally liable to pay you. In relation to the divorce, you can pursue this under a ground of unreasonable behaviour without his consent. You will need to prove to the court that he has been served with the divorce petition but you do not need his agreement. In relation to the home, despite him being a joint owner, you appear to be the main carer of the children. When deciding finances as part of a divorce, the court's first priority is for the children's needs to be met - especially housing. Therefore, you have the strongest case to remain in the property with the children until they reach a certain age (eg. finish education), and after that the property to be sold and equity divided between you and husband. Negotiating a transfer of his share in the matrimonial home is not in your interest as he would be separately liable for child maintenance and you will separately be entitled to claim to remain in the home with the children. Please do let me know if you have any further questions about this. Please provide a positive rating if you found this helpful. I will not be credited for answering your question without a positive rating.
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Customer: replied 1 year ago.
Many thanks for your response. My mind is a little more at rest now knowing this. Thank you
Expert:  Harris replied 1 year ago.
You're welcome. If there are any issues in the future you need assistance with you can ask for me directly by starting your question For Harris