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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33276
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I would like some advice on how to get away from my verbally

Customer Question

I would like some advice on how to get away from my verbally abusive and toxic husband. We have 2 small children 3 and 6 and live in Wimbledon. He is on a daily basis rude and cruel to me, generally bullying, and swearing in front of the children. Would I be entitled to stay in the house with the children, near their school. I would like my husband to move out. At present he gives us £250 per month for the children, he can certainly afford more. I am a self employed photographer and work from home. Please advise of my rights.
Submitted: 10 months ago.
Category: Law
Expert:  Clare replied 10 months ago.
HiThank you for your questionMy name is ***** ***** 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 are there and what income do you each have?
Customer: replied 10 months ago.
Hi, the house is worth approximately £850k. £280k remaining on mortgage. My husbands income is approx £120K per annum, mine is approx £20K.Jessica
Customer: replied 10 months ago.
I have a house in the isle of wight, currently worth about £200K. I rent it out and this constitutes about half my income per year.
Customer: replied 10 months ago.
The mortgage in the Isle of Wight has about £46K remaining and 12 years.
Expert:  Clare replied 10 months ago.
How much would it cost you to rehouse in a smaller house in your current area?
Customer: replied 10 months ago.
Hi ClareThat is the problem! A "smaller" house in the area is very expensive - there is one next door -2 bedrooms on sale for 1,100,000! It would mean moving out of area, which would not work with the school they are at. We would need at least 2 bedrooms. I will have to investigate further, if this is the only solution.Jess
Expert:  Clare replied 9 months ago.
Hi
If there is no cheaper property then you will be able to remain in your current home with the children until the youngest is 18
You can start divorce proceedings based on his Unreasonable Behaviour - and then start negotiations using Family mediation to agree for you to remain in the property with the children.
He will need to pay child maintenance as well
Please ask if you need further details
Clare
Customer: replied 9 months ago.
Thank you. What would the child maintenance be for 2 children under 7?Jessica
Expert:  Clare replied 9 months ago.
HI
Does he currently pay any bills?
Clare

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