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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33946
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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, I have been married years and have 2 children. I

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Hi, I have been married for 8 years and have 2 children. I have decided to leave my husband following years of verbal abuse, family and police trip to help and the overall non getting on for many years. We have nothing but two cars, one is paid (mine) one if on loan (his) we have no finance in common. We rent our family house since 2006. I have had to start claiming as I do everything for the kids and pay my share of bills and had no money saved for a deposit I am getting working tax, child benefit, child tax and work 20h a week.
I am not entitle to a council house, cannot find a private rent, I have been told a could get council help to rent but cannot find a rental that will take housing benefit. This all started in September and since then we have been sharing the house, he works 7 days a week come home at 7, has had 1,5 day off work since Boxing Day because it rain and spend 1 day alone with the kid 11 til 5 and one evening since July as he doesn't like me going out.
He won't move out because the rent is cheap £650, it's convenient as he works 3 days for our landlord who we rent the property with. The rental contract is under his name. I have tried to make him see that he should be moving so that our oldest doesn't have to change school, friends and I don't end up renting for £900 which so far is impossible. What are my right? Where can I go?
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.
Given that he is also your ex's employer are you sure that the Landlord be willing to let you take over the tenancy?
Clare
Customer: replied 2 years ago.
The house came with apt he job my husband took in 2005, in 2007 he stop being employed but we started renting the house, my husband is not self employed and do contract work for his old boss our landlord.
The contract is under my husband name although we were married at the time. So no I don't know if the landlord will swap the contract to me. All I know is my husband won't leave and if I go to the landlord I can expect him to go to my husband and this could turn nasty.
as the council isn't willing to help us part from housing benefit for private rent. I have been looking since September and I can't find any agencies willing to rent us a house/ flat op even if we have house benefit. I earn £1000 and have child tax, working tax, child benfit sand help with childcare which add £1000 but that's not enough.
What are my option? Legally
Expert:  Clare replied 2 years ago.
Hi
Has there been any physical violence in the last year?
Clare
Customer: replied 2 years ago.
My husband hasn't been physically violent et has broken doors in the past, lost is temper and often abuse are verbal. I call the police in 2009 & 2013 because I couldn't control him and thought this would scare him a little as normally I would call my brother in law. We broke up in September lat year although still under the same roof, he has since carried on abusing verbally, always when I point out something I'm right and he doesn't like, like he doesn't see the kids enough although lives with them he had 2.5 days off work since Boxing Day and he didn't take them off , as he work outside and it rain he didn't go to work one day, the other half he went to work after lunch as it stop working they were both Saturday's. He has never had a holiday with his children now 8 & 2. I take them to france once a year or twice alone.
Customer: replied 2 years ago.
A friend of ours is now willing to rent to me his current house as he is bying a new one, this will b in July so I'm quiet happy... 😊. I have advise my husband of it and that's fine, we will agree visit, weekend, holiday...
But here are my questions:
* what to I do if he says now that he will have them and he doesn't?
* he isn't happy for me to contact CSA and said if I do he will stop working so he won't be able to pay maintenance. He wants us to agree on what he pays but I don't want him to get away with paying less than he should how can I find out how much he needs to pay, bearing in mind so far he pays and he is ready to carry on paying, the fuel in my car because he can claim it back as he is self employed £50 every other weeks. He has added me on his credit card and say I can use it to get them stuffs they need but every time I do I get the what is it for? Each and every time. Very money controlling.
Expert:  Clare replied 2 years ago.
Hi
That is good news about the house - what is your best guess on what he earns?
Clare
Customer: replied 2 years ago.
£32000 before tax for this year I'll find out soon as I do his book each year.
I want to start the divorce process, if we agreed on paper for an amount each month for kids and how many weekend holiday he has them. Seen as we have no house, no car, no common debts or saving I'm thinking IT should be quiet strait forward.
I work part time and have a very good pension surely once divorce he can't have 50% eventually?
I also have a life insurance with work, if I put someone else to have it with the intention to give it to the kids in the right time, he can't have that either, can he?
Expert:  Clare replied 2 years ago.
HI
He needs to pay 16% of his gross income as Child maintenance - a little less if he has them more than 52 nights a year.
You can find the calculation here
http://www.nacsa.co.uk/index.php/cs3-calculations
You certainly have grounds for a divorce based on his Unreasonable Behaviour
It is unlikely that you need to have any concerns about either your Pension or your Insurance given the length of your marriage, the fact that you have the children and his lack of financial contribution
Please ask if you need further details
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33946
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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