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Thomas Judge
Thomas Judge, Family Lawyer
Category: Family Law
Satisfied Customers: 33540
Experience:  Over twenty-five years experience
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My husband has left the family home to live with another woman

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My husband has left the family home to live with another woman .
He wants a divorce, i live in the house with two children one ten and one 14.
i have two jobs to make ends meet and cannot afford a lawer
he will not go to mediation, and gives nothing towards the childrens living.
he is now threatening to sell the house.
i although being married i do not appear on the deeds of the housr.
any help please.
B
Thomas Judge
Thank you for your question. 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 mortgageWhat other assets and debts are thereWhat income do you each have
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Customer: replied 2 years ago.

The house is worth about £130.000 and i think the mortgague

is £70.000 we both have cars mine costs £80.00 a month i dont know what my husband pays, possibly the same.

i earn overall £18000 per year, he i believe earns just over £35000

I pay costs for mobile £30 per month no other major debts, unless he is hiding some.

hope this helps

thank you for your prompt reply

B
You have a legal right to stay in the house so long as you are married.
Whenever it is financially viable the Court will attempt to postpone the sale of the matrimonial home until the (youngest) child is 18.
Nothing is written in stone, however, and individual circumstances will influence the decision of the Court.
The only thing that I can tell you for certain is that you should approach the CSA with a view to child maintenance. This will be paid at the rate of approximately 16% of your husband's gross income.
As to the divorce and, the house and the division of all other matrimonial assets (including Pensions & Insurances) you should arrange to discuss this with a solicitor competent in family law.
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Customer: replied 2 years ago.

Thanks again just to clarify, if he divorces me or starts divorce proceedings, would i be entitled to a portion of the house even though i do not appear on the deeds? And is there any help for me for the cost of a solicitor to sort out my divorce proceedings.

B
Yes this is correct from what you have written above. The fact that you are not in the deeds does not negate your interest in the property. You can register an interest at the Land Registry to prevent the home being sold without your agreement.You do not get legal aid in divorce proceedings anymore. Some law firms will let clients pay their legal fees when their divorce or dissolution has been finalised and once they have reached a financial settlement. Your ex-partner may not be an obvious source of funding for legal fees. But, in some cases, one partner will agree to pay the other’s fees (without the court ordering this) in order to get the finances settled quickly.Please remember to rate positively
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Customer: replied 2 years ago.

Thank you i will of course rate the service as excellent you have given

me some peace of mind at least.

Can i as the Web site offers come back to you within the 7 days within the fee?
Yes thats fine but please remember to rate today and ask for me next time
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