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Ask Clare Your Own Question

Clare, Solicitor
Category: Law
Satisfied Customers: 33003
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Hi, I am currently beginning divorce proceedings against

Customer Question


I am currently beginning divorce proceedings against my wife. She has recently decided that she no longer wants to be married and wants to end the relationship. So I am hoping to see solicitor to begin the process...

We have been married for 11 years, and have a 9 year old daughter.

Currently I live in my parents house and we share the responsibility of looking after our daughter equally. 4 Nights down my parents, 3 nights with her.

She currently lives in our family home. This is however soley in my name, I pay the mortgage, all bills, insurances, council taxes, utilities etc.

I would like to move back into my house with my daughter ASAP and i have asked my wife to find her own place. She flat out refuses to move out and says she has no where else to go.

I would like to know what I have to do? Where do i stand... Should she move out until divorce proceedings force a sale?
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
Thank you for your question.
My name is Clare and I will do my best to help you but I need some further information first.
How much is the house worth and how much is outstanding on the mortgage?
What other assets and debts are there and what income do you each have?
Customer: replied 2 years ago.

Hi Clare,


I had the house valued last week, it was valued at £125,000-£120,000.


I have £77,000 remaining on the mortgage over 32 years.


  • Payments £354.56 per month on a fixed rate until Sept 2014.


  • I have no debt, no cards, loans etc.


  • We have furniture/contents in the house probably valued at around £5000. We also have 3 painting worth around £5000 in total (but these are an investment for my daughter).

  • We have a car that is up for sale to buy two seperate cars but have no finance outstanding on this....

My income is 25,500 per year. My wife's income is 25,000 per year but she is expecting a promotion to £30,000 at the end of this month.

All household bills leave my account and amount to £637 per month including the mortgage.

My wife has a student loan to the amount of £17,000.

Hope this helps


Expert:  Clare replied 2 years ago.
I am afraid that your wife has an absolute right to remain in the matrimonial home so long as you are married and unless she is violent you cannot force her to leave until the financial side of the divorce has been sorted.
However there is no reason for you to pay any bills if you are not living there - and she should also be paying at least half of the mortgage
I hope that this is of assistance - please ask if you need further details

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