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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2723
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I separated from my husband 10 months ago but we are still

Resolved Question:

I separated from my husband 10 months ago but we are still living together until the council can rehouse either of us. He has not paid any money towards bills, food or the children for three months and has not paid a full amount for at least three months before that. He says he cannot afford it since one of his benefits stopped, but he still has money coming in and I believe he has no intention of paying at all. The bills are in my name because he has a history of bankruptcy. I have found out that he has signed up to dating sites despite telling me he still loves me and wants to work on our marriage. I cannot bear being near him and its making me ill. He refuses to believe, claiming that he is more entitled to the house than I am because he is disabled. What options do I have? Can I force him to leave the house?
Submitted: 10 months ago.
Category: Family Law
Expert:  Harris replied 10 months ago.

Hi, thank you for your question. Just a bit more information required to fully assist you:
-How old are you both?
-How long have you been married?
-Do you have any children together, if so their ages and proposed arrangements?

-Is the home owned or rented?
-Whose name is ***** ***** in?
-What other assets and pensions do you both have (both sole and joint), together with values?
-What are your respective incomes?

Customer: replied 10 months ago.
I am 34, he is 36. We have been married just under 10 years. We have 2 children, 7 and 9 (my son has special needs).
We have an agreement that we will not harass each other and will amicably share the children until alternative accommodation is arranged than we will come to another agreement. This agreement also states that he will pay me half the bills each month.The home is rented from the council, and we are joint tenants. He has a few pensions, I have a recent one after starting work earlier this year. Neither of us have assets. I earn about £400 a month, and the tax credits and child benefits are in my name. He is about to start work, but has Disability Living Allowance 4 weekly at approximately £210. However, he does a lot of online questionnaires and also does 'secret customer' reviews in shops to earn money, and has installed a device on the router that monitors usage that earns him money.
Customer: replied 10 months ago.
I'm not sure if it's relevant to add that he is an emotional bully.
Expert:  Harris replied 10 months ago.

What is the agreement you have with him - is it a court order or a privately arranged agreement?

Customer: replied 10 months ago.
privately arranged
Expert:  Harris replied 10 months ago.

Thank you. Unfortunately, the agreement will not be enforceable as it is not court approved. However, arising out of the marriage you are entitled to claim spousal maintenance if you cannot support yourself - you can do this without having to pursue divorce proceedings.

In relation to the property, the legal position is that he is entitled to occupy the home both by being a joint tenant and also arising out of the marriage and this can only be restricted if there is a court order excluding him from the property.

In the circumstances I would suggest that you first attempt to speak with him about these issues and if this does not progress matters you should consider making a referral to an independent mediator (you can find local ones here: familymediationcouncil.org.uk). The mediator will assist you both in reaching an amicable agreement that is in both your and the children's best interests.

I hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for your question without a positive rating. Thank you.

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