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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34106
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I am in the process of starting divorce proceeding i left the

Customer Question

I am in the process of starting divorce proceeding i left the martial home 5 months ago with two children under 5 I got an apartment which i can no longer afford my husband remains in the 5 bedroom martial property do i have the right to go back to the martial property
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Why did you and the children leave the property?
Clare
Customer: replied 2 years ago.

Hi Clare,

I had to leave the property because my husband threw us out.and said he didnt want us to live there anymore.

Thanks

Marie

Expert:  Clare replied 2 years ago.
Hi
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?
has he ever physically threatened you?
Clare
Customer: replied 2 years ago.

The house is worth £700k the mortagage is £500k i think, my husband is self employed and is not currently earning very much. I am an accountant and earn £50k but have to pay £2k a month in childcare costs. My husband owns a number of cars and I have a rental property which would not be suitable to move into to as it is too small for me and the children. I have also rather foolishly lent my husband £40k which he has invested in his business. I have debts of £20k as a result of this.

He has not physically threatened me yet.

Thanks

marie

Expert:  Clare replied 2 years ago.
Hi
How far have the divorce proceedings reached?
Clare
Customer: replied 2 years ago.

I havent started them yet, I needed to get some advice yet I will be starting divorce proceeding on the grounds of adultery that is main reasons I left him.

thanks

Expert:  Clare replied 2 years ago.
Hi
You are entitled to return to the matrimonial home whenever you wish - and if your ex tries to exclude you or threatens you if you stay then you can obtain an Order that allows you to remain there and forces your ex to leave.
In the longer term the priority for the court is the safe and secure housing of the children until they are 18 and if that means you remaining in the current home until then (or you cohabit) then that is what will happen .
With regard to the divorce do not use the Adultery ground - that requires his co -operation. Unreasonable Behaviour doe snot
I hope that this is of of assistance - please ask if you need further details
Clare
Clare and 2 other Law Specialists are ready to help you
Customer: replied 2 years ago.


Thank you very for your help.

Expert:  Clare replied 2 years ago.
Hi
You are most welcome - I hope all goes well
Clare