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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2295
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I am 10 years into marriage with 3 children & my marriage is

Resolved Question:

I am 10 years into marriage with 3 children & my marriage is suffering terrible problems that can no longer be fixed. We own our home (pay mortgage) I'm a full time parent & my husband works full time. I would like to know what my rights are and who needs to move out of our family home at first. At breaking point & can't live together any longer. Thank you.
Submitted: 6 months ago.
Category: Family Law
Customer: replied 6 months ago.
who has custody of the children
Expert:  Harris replied 6 months ago.

Hi, thank you for your question. Just a bit more information required to fully assist you:
-How old are you both?
-What are the proposed arrangements for the children?
-What is the value of the property, and what is the outstanding mortgage?
-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 6 months ago.
I'm 36 & my husband 37
No arrangements for the children as I wanted to know what my rights were to fight for them
I'm not sure on the outstanding mortgage as we have been on interest only for a while.
The property is in both our names
I have 3 frozen pensions & an isa my husband I think may have now started to pay pension through work
My husband works full time but I am not employed.
Do I stand any chance of keeping the children living with me?
Expert:  Harris replied 6 months ago.

Thanks for confirming. What is his income and are there any other properties or assets?

Customer: replied 6 months ago.
It's around 40,000 a year no other properties or assets
Expert:  Harris replied 6 months ago.

What is the value of the property and an approximate mortgage amount when the home was purchased?

Customer: replied 6 months ago.
Property value now is £170, 000 approx as we had it valued not long ago. I can't remember exactly as husband deals more with the mortgage but it was approx £90-100,000
Expert:  Harris replied 6 months ago.

Thanks for confirming. Given that you have no capacity to rent elsewhere and if you left the home you would be found intentionally homeless and the local authority will unlikely accept to assist you. You have a right to remain in the home and if you present yourself as the main carer of the children and are able to meet their day to day needs you would have good argument to remain in the property for their benefit to the exclusion of your husband.

If he leaves you would be entitled to claim child maintenance (either voluntary or through the CMS) and this is based on his gross income and how often the children stay overnight with him on average. You would also be entitled to seek spousal maintenance to cover your reasonable needs, but would need to demonstrate that you are maximising your earning potential either through employment or benefits.

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.

Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2295
Experience: Family Law - Specialist in Divorce, Financial Relief and Children Matters
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