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Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34900
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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After 22 years of marriage my husband and I are discussing

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After 22 years of marriage my husband and I are discussing separation. We own a house equally which he prefers not to sell. Since I am the instigator of the separation he feels I should be the one to move out. Because I can't afford to do so without releasing the funds from the house he has offered to pay for me to rent a small flat temporarily. Will this be detrimental to my case if we decide to divorce ultimately? And can some agreement be drawn up to say that he is paying for the rent of my half of the house? We have 2 grown up children (over 18) and we have a very amicable relationship, it's just that we are exploring the possiblilty living our lives separately.
Thank you for your question.
My name is ***** *****
I will do my best to help you but I need some further information first.
How much is the house worth and how much is outstanding on the mortgage?
What other assets are there and what income do you each have?
Customer: replied 2 years ago.

Hi Clare, thanks for responding so quickly.

The house is worth about 2m and I would need to find out about how much of the mortgage is outstanding and get back to you - we re-mortgaged a few years ago. But I don't think there is much - we cash bought a substantial percentage up front in 1992 and the mortgage repayments have been minimal.The house is the main asset. (Again I can get a more accurate answer for you if needed). My husband has about 80.000 and I have 20.000 income (both self employed).


May I ask - is there any reason why you would not wish to force an immediate sale?
Customer: replied 2 years ago.

We want to take things slowly and not do anything drastic. My husband is very attached to the house and prefers to live in it. It's his choice to support me to live elsewhere rather than sell the house. We have both grown up in the area and realise how difficult it would be to buy back into it once we sell. The idea is that I would still have access to it for now and continue to use one of the rooms as my studio. And I would be around more when the children are home. I am optimistic that my husband and I will remain close friends. But I have to protect myself from any future change which might affect his stance. For example starting a new relationship - Joanna

That sounds very sensible on all points.
How much will renting a suitable property cost?
Customer: replied 2 years ago.

I was looking for a small studio flat at about £1000 a month, but in fact I could just as easily, as a temporary measure be a lodger somewhere nearby paying only £100 a week. This would be a more gentle transition. Then we would have a better idea after 6 months or so of how we want to proceed.

There is no reason NOT to do this if you are both in agreement with this option.
You may actually find it more comfortable to rent your own home rather than being a lodger - but that is a personal choice.
It would be sensible to have a Separation Agreement drawn up setting out the fact that he will pay rent up to an agreed sum each month. It can be expressed as reflecting the "occupational rent" he is paying for the use of your half of he matrimonial home.
I would suggest that there is a clear timetable for review - so that it doe snot drift into a permanent arrangement.
I hope that this is of assistance - please ask if you need further details
Clare and other Family Law Specialists are ready to help you
Customer: replied 2 years ago.

Thank you. Does a Separation Agreement need to be drawn up by a solicitor or is it something I could have in writing from him?

It would be sensible to have a Solicitor draw it up to ensure that it achieves exactly what you want it to do