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ExperiencedLawyer
ExperiencedLawyer, Solicitor
Category: Law
Satisfied Customers: 311
Experience:  I have 14+ years of experience as a family lawyer, advising people on all kinds of relationship and family law issues.
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Could you let me know what my rights and responsibilities would

Customer Question

Could you let me know what my rights and responsibilities would be in my situation - I want to divorce my husband but he refuses to accept it. If I move out of the family home with the kids, how do I stand regarding my share of the joint mortgage? My husband is unwilling to leave the property as I out down a deposit of £45k, which, as written in the deeds, I would be entitled to out of the equity.
Submitted: 2 years ago.
Category: Law
Expert:  ExperiencedLawyer replied 2 years ago.
Hello,
My name is ***** ***** I can help with your question.
Ultimately, the financial outcome of your divorce should be the same whether you leave now or upon its sale. However, the reason that family lawyers (myself included) often advise a wife (and a husband) to stay in the house is that if it is going to be sold, the person who stays in the house has more control of the sale process. In your case, if the house is going to be sold, and your husband knows that he is living in a house that he will not then be able to afford later, he may well try to slow down the process of sale as long as possible. If he drags financial proceedings out to their full distance, that could be a year or so.
If you are willing to take that risk (or just cannot stand staying on the house on any basis) then you should feel free to move. If it would put you in a financially difficult position, then you should think very carefully before moving.
As I say, however, the ultimate financial outcome should be the same.
I hope that is helpful.
Kind regards,
Mac.
Expert:  ExperiencedLawyer replied 2 years ago.
Hello,
I notice that you haven't yet rated my answer - is there any aspect of your question that I can help you with further?
Regards,
Mac
Expert:  dianne-cssm replied 2 years ago.
We received your customer service inquiry, however, we are unable to respond to you because we do not have your email address. Please contact customer support at [email protected] co.uk and provide us with your email address and a link to this question page so that we can help you. (http://www.justanswer.co.uk/law/8m3c5-let-know-rights-responsibilities.html). Thank you, The JustAnswer Customer Support Team.