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Harris
Harris, Law Specialist
Category: Law
Satisfied Customers: 2849
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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My marriage has broken down i have 2 children 13 and10 yrs

Resolved Question:

Hi my marriage has broken down i have 2 children 13 and10 yrs old finding it impossible to live in the house i have no job no money my husband is refusing to put the house up for sale what can i do any advise please
Submitted: 1 year ago.
Category: Law
Expert:  Harris replied 1 year ago.
Hi, thank you for your question. Just a bit more information required: - how long have you been married- are you in receipt of any benefits- what is your husband's gross salary- what assets and liabilities do you both have- has there been any domestic violence or police involvement
Customer: replied 1 year ago.
!6yrs married
no benifits
no idea on husbands wages he takes complete control of everything
mortgage, car
no police etc
Expert:  Harris replied 1 year ago.
Thanks. Unfortunately, given that his name is ***** ***** the title of the property, you both have a legal interest in the property and neither of you can exclude the other unless there is a court order stating this. As part of divorce proceedings a settlement will need to be reached regarding the finances. As you have been the children's main carer and he works it would initially be expected that you will continue to be their main carer and your (and your children's) housing needs will be paramount. The matrimonial home will be the first consideration, and if it is suitable for you and the children then you should pursue that you and the children remain there until the youngest reaches a certain age (eg. finishes education), and at that time it be sold and proceeds divided between you and your husband. As part of financial proceedings, both of you will need to provide each other with full and frank financial disclosure so that the true extent of the finances is clear, and negotiations can begin regarding a settlement. If voluntary negotiations do not progress then you are entitled to pursue an application to court regarding the finances once a divorce petition has been issued. I would initially suggest you make a referral to an independent mediator who can assist you both to start negotiating an amicable agreement. You can find local mediators here: http://www.familymediationcouncil.org.uk/ Please provide a positive rating if you found this information helpful. I will not be credited with answering this question without a positive rating. Thank yo.
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