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Harris
Harris, Law Specialist
Category: Law
Satisfied Customers: 1941
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I have a complicated situation in regards ***** ***** marriage situation.

Customer Question

I have a complicated situation in regards ***** ***** marriage situation. I have been separated from my husband for 18months now. We still live in the same house, but he refuses to pay the mortgage and council tax for 9 months now. Because I am paying for most things it is difficult to actually start legal proceedings or get a lawyer to represent me. Do I have any legal grounds to ask him to move out or get him to pay towards these bills.
Submitted: 11 months ago.
Category: Law
Expert:  Harris replied 11 months ago.
Hi, thanks for your question.
Unfortunately, without a court order you cannot force him out of the property as it is the matrimonial home and he will have rights to occupy the property due to this, even if it is not in joint names.
I would suggest that you initially refer the matter to a mediator (you can find local ones here: ) who can assist you with reaching an agreement regarding the finances. If mediation does not help, you would need to consider issuing divorce proceedings and financial relief application alongside this. The financial relief application will decide what happens with the property and if he should provide you any spousal maintenance.
Are there any children and any other assets?
Please let me know if you have any further questions regarding this.
Harris, Law Specialist
Category: Law
Satisfied Customers: 1941
Experience: Family Law - Specialist in Divorce, Financial Relief and Children Matters
Harris and 2 other Law Specialists are ready to help you
Customer: replied 11 months ago.
We have 4 children, with 3 still being in the marital home (10, 14 & 17). We lived in the Netherlands for 8 years, and have been back in the UK for the last 3 years. We own a house in the Netherlands and I pay both mortgages and bills for both houses. I have been the main earner for most of our 15 year marriage, and I earn 3 times more than my husband. Even though my earnings is high, it has taken a toll financially in regards ***** ***** everything. It has created depression - moodiness - and difficulty concentrating. So I am worried how my behavior effects the children (which is not a legal matter). But all around I am barely hanging on.
Expert:  Harris replied 11 months ago.
Thank you for the further information. As part of the negotiations regarding finances, and if you were to pursue an application to court for financial relief both of you will need to provide each other with full and frank financial disclosure so that the negotiations are in relation to the full finances of the family. This includes disclosure of all assets, income and liabilities as well as your needs, his needs and the children's needs. The court will then consider the following criteria when approving an agreement or making an order:
- The income, earning capacity, property and other financial resources which each of the parties to the marriage has or is likely to have in the foreseeable future, including in the case of earning capacity any increase in that capacity which it would, in the opinion of the Court, be reasonable to expect a party to the marriage to take steps to acquire;
- The financial needs, obligations and responsibilities which each of the parties to the marriage has or is likely to have in the foreseeable future;
- The standard of living enjoyed by the family before the breakdown of the marriage;
- The age of each party to the marriage and the duration of the marriage;
- Any physical or mental disability of either of the parties to the marriage;
- The contributions which each of the parties has made or is likely in the foreseeable future to make to the welfare of the family, including any contribution by looking after the home or caring for the family;
- The conduct of each of the parties, if that conduct is such that it would, in the opinion of the Court, be inequitable to disregard it;
- In the case of proceedings for divorce or nullity of marriage, the value to each of the parties to the marriage of any benefit which, by reason of the dissolution or annulment of the marriage, that party will lose the chance of acquiring (e.g. a right to your husband’s pensions).
The starting point for the court would be a 50-50 split off all assets, and a change to this split would be made in accordance with the above criteria.

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