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Harris
Harris, Law Specialist
Category: Law
Satisfied Customers: 2535
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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My husband and I are separating. We own a house together and

Resolved Question:

Hi,
My husband and I are separating. We own a house together and have 2 children aged 6 and 7. We have been together for 10 years and married for 2. There has been abuse in the form of shouting, name calling, threats, aggressive behaviour on his part. I have recorded some of it on my phone a few times. I have never reported this only once when I went for advice at the citizens advice bureau.
My husband wants us to sell the family house and divide the money and he wants joint custody of the children. Although he has been abusive towards me he is a good father.
I don’t know what to do… i just want what is best for my children. Can you advise me on what my options on this situation are? Where do i stand?
Thank you
Submitted: 2 months ago.
Category: Law
Expert:  Harris replied 2 months ago.

Hi, thank you for your question. Please confirm:

-What is the size of the home (bedrooms)?

-What is the value of the home and outstanding mortgage?

-What other assets and pensions do you both have?

-What are your respective incomes?

Customer: replied 2 months ago.
we have a 4 bedroom house although i of the bedrooms is a very small box room.
value around £390000/£400000 outstanding mortgage £260000.
we both work he's a police officer so he's got his police pension and i work for tfl amd also have a pension.
he works part time and i work full time. he is saying he could be given care the children because of his part time work but i get paid much more than him... i really don't know how that works?
my income is just over £50k and he gets around £26k.
i just want an easy way to sort this out if i could avoid all the stress and going to courts. as i mentioned he is a good dad. but they are my children and i would never give up on them...
Expert:  Harris replied 2 months ago.

Thank you - are there any other properties or assets?

Customer: replied 2 months ago.
no
Expert:  Harris replied 2 months ago.

Thank you. Firstly, the child arrangements must be in the interests of the children. Shared arrangements are now very common but usually the parent with the time to deal with the day to day care needs will be their main carer, but there is nothing stopping you proposing shared arrangements as he has suggested.

In relation to the home, again it is usual for the main carer to retain the family home to care for the children, however, it may be considered unreasonable to keep given the large size and it may be more appropriate for it to be sold, and for the equity to be divided between you to allow you both to rehouse in smaller accommodation.

In terms of the domestic abuse, this will unlikely be considered by the court in relation to the finances, but regarding the children if there is a risk to the children because of this then it will be relevant when deciding the arrangements.

I hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for your question without a positive rating. Thank you

Harris, Law Specialist
Category: Law
Satisfied Customers: 2535
Experience: Family Law - Specialist in Divorce, Financial Relief and Children Matters
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