How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask James Mather Your Own Question
James Mather
James Mather,
Category: Family Law
Satisfied Customers: 1390
Experience:  Senior Partner at Berkson Wallace
Type Your Family Law Question Here...
James Mather is online now

i want to divorce my husband and would like to know what my

Customer Question

i want to divorce my husband and would like to know what my rights are
Submitted: 3 years ago.
Category: Family Law
Expert:  familylawexpert replied 3 years ago.

My name is Mac. I can help you with your question. First I need a bit more information:

If you would like to know what your financial rights are, could you give me some information about:
- what assets you have?
- whether you have children?
- how long you have been in a relationship together (and when married)?

Customer: replied 3 years ago.

Hi ,we've been marired for 30 years and have 2 grown up children and a 10 year old boy. we have a house together and a morgage of £35.000 and also a leashold business and another freehold shop with flats above the property which we are renting

Expert:  familylawexpert replied 3 years ago.

I'm confident that the starting point for a financial outcome on divorce would be an equal division of your assets, including the businesses etc.

If your son was going to live with you then you would probably receive child maintenance at around 15% of your husband's net salary. If your incomes are similar then that would be an end to it. If you think his salary is significantly larger than yours, then you might possibly receive maintenance.

Is that helpful enough? If you would like further detail, t me know. If you are happy with my answer, I would be grateful if you would rate it.
Customer: replied 3 years ago.
He's salary is much more then mine and my son would be staying with me, could my son and me still stay in our house or would we have to sell? And the freehold is in my husbands name only but he brought it while we were married about 18 years ago so would I still have a share of the freehold if he were to sell it?
Expert:  familylawexpert replied 3 years ago.
You would have, at least, an equal share of the total value of your overall assets (irrespective of whose name they are held in).

To be able to say whether you might be able to carry on living in the house, I would need to know:
- the value of the house (and any mortgage)
- the total amount of the entirety of the assets owned by the two of you (whether jointly or in one or other name),
- his income , and yours,
- his age, and yours.