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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Property Law
Satisfied Customers: 34589
Experience:  I have been a solicitor in High Street Practise since 1985 with a wide general experience.
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my husband and i have split up after 14 yrs of marriage and

Customer Question

my husband and i have split up after 14 yrs of marriage and he owns the the house we live in with our 2 children.If he moved out could i rent the house off him?
Submitted: 4 years ago.
Category: Property Law
Expert:  Clare replied 4 years ago.
Hi
Thank you for your question
My name is Claire and I shall do my best to help you
You have an absolute right to remain in the matrimonial home so long as you are married - and you also have a financial claim on at least half the equity.
Accordingly you can remain in the property - but you do not have to rent it from him,
Do please ask if you need more details
Claire
Customer: replied 4 years ago.

what happens if he dosent pay the mortgage could i claim to help pay so i dont lose the house?.Both children are under 18 and one is disabled

Expert:  Clare replied 4 years ago.
Hi
How much is the house worth and how much is outstanding on the mortgage?
What other assets and debts are there and what income do you each have?
Claire
Customer: replied 4 years ago.

Hi the house is worth £500,00 and i know that there is about £275,00 owing.I do not work as i am the carer for my son and my husband is not currently in work as he had a break down when his business went under.he also has a tax bill for around £35,00 other that this info we do not have any other assets.

Expert:  Clare replied 4 years ago.
Hi
How much does a three bedroom property in the same general area cost to buy?
Claire
Customer: replied 4 years ago.

i would say that a house for the needs of my disabled son would cost around £400,00.So i feel that im stuck with no way of knowing what to do next.So thats why the original question was asked.

Expert:  Clare replied 4 years ago.
Hi
What special needs does your son have?
Claire
Customer: replied 4 years ago.

My son has hydrocephalus, cerebal palsy and is partially sighted.

Expert:  Clare replied 4 years ago.
Hi
How likely is it that your husband will get further employment?
Claire
Customer: replied 4 years ago.

I am hoping that he does in the near future so that he can move out as it is not doing any of us any good us living in the same house.

Expert:  Clare replied 4 years ago.
Hi
When you asked your original question - how did you think you would be able to pay rent?
Claire