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Ask Clare Your Own Question
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34895
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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me and my husband are splitting up we have 2 children 8 and

Customer Question

me and my husband are splitting up we have 2 children 8 and 9yrs. we have a mortgageon our house but it in my husbands name we been married for 6 years. who has the the right to stay in the house or do we both move out and sell. im have custody of the children he be having the twice a week. where do I stand
Submitted: 4 years ago.
Category: Family Law
Expert:  James Mather replied 4 years ago.

Hello, I am Law Denning and I am a practising solicitor in a High Street practice. I have been an expert on this website in UK law since 2008. During that time, as you appreciate, I have answered thousands of questions from satisfied users on a variety of subjects. Because we are all in practice with clients and court and other users, I might not always respond in minutes, particularly evenings and weekends. Please bear with me in that case

It is my pleasure to try and assist you with this today. Please bear with me
while I gather some further information from you in order for me to be able to
advise you fully.

Unless I have all the facts that I need, my answer would not be accurate.

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

110,000.about. and theres about 92,000.00 left on mortgage. he earns 30,000.00 a year I earn 17,000.00 per year

Expert:  Clare replied 4 years ago.
Have you discussed how much he will pay in maintenance once he has left?
Customer: replied 4 years ago.

we haven't spoke about it but I went on line and checked I think it about £79 a week

Customer: replied 4 years ago.
Relist: Other.
answer taking to long
Expert:  Clare replied 4 years ago.
My apologies for the delay.
In the short term you cannot force your ex to leave the property unless he is violent.
In the longer term however the Family Court will not force a sale of the property until your youngest child is 18 and in the mean time the court will allow you to remain in the property with the children.
You will of course be expected to pay the mortgage and other bills from your own income and your maintenance.
You need to discuss matters with your ex using Family Mediation to help your husband understand that the priority has to be the safe bad secure housing of the children and that it is better for the children if he leaves by agreement rather than after long drawn out court proceedings.
I hope that this is of help - but please ask if you need any clarification or further information