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ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 1437
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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What rights and obligations has a father who suffers from depression

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What rights and obligations has a father who suffers from depression and alcohol addiction when he has been asked to leave the family home, jointly owned. He has since become homeless. Jobless and destitute.
There are two children aged 11 and 13. Now wife wants divorce, after 1 year 6 months. Separation.
Hello Welcome to Just Answer I am a Solicitor and will assist you. Please may I ask: - has the husband suggested that he wants to move back in? do you want him too?- have you suffered physical, emotional or financial abuse form your husband in the last 2 years? Kind Regards Caroline
Customer: replied 2 years ago.
Wife does not want him to move back. There has been no abuse of any kind to her or the children
Customer: replied 2 years ago.
sorry, she also does not want to sell the house. Thanks
Hello Thank you for your response. As the home is in Joint Names - your husband does have a legal right to be able to reside in your property. That being said, if the father is still suffering wit alcohol and depression issues and divorce is contemplated - then I imagine that situation would be somewhat uncomfortable should he return to the property. If this was to happen then you need to give consideration to applying to the Family Court for an Occupation Order. This is an order that prevents a person from exercising their legal rights to reside in a property. These orders normally last around 6 months. During this time if divorce is ongoing and disclosure and discussions are ongoing in respect of the matrimonial finances - this will give finality in respect of the matrimonial assets and division including the matrimonial home. Please do not hesitate to ask if I can clarify anything for you. Kind Regards Caroline
Hello In respect of the matrimonial finances - should you divorce - then either of you could make a claim. Is there much equity in the house? what other matrimonial assets are there? including pensions? Kind Regards Caroline
Customer: replied 2 years ago.
I am not the wife and I am trying to help the homeless father. Can he file for a divorce? Wife does not want to proceed because she is ok as the situation is now. She has a well paid job and can meet the costs of mortgage and children maintenance. The father would want to sell to get some finance to pay for his debts, get accomodation and try a new start. He is not drinking at the moment. Can he get legal aid?
Hello Sorry - i misread where you said that you are the mother. I now understand that you are the mother of the father. My previous advice is still the same - your son has a legal right to live in the property - but it is likely that the mother will seek an occupation order if things become untenable. As long as they have been married a year - your son can apply for divorce and he can also make a claim in respect of the matrimonial finances. Normal division starting point is 50/50 but the court will priortise the housing needs of the children. However your sons needs will also need to be met. The court will look at all assets when making a decision. Family Mediation is the first step to trying to resolve the matrimonial finances and division of the same. There are lots of family mediation services and there will be one local to your son. Just google family mediation in your area and give them a call to get the ball rolling. Your son will have to refer to mediation first in respect of the matrimonial finances otherwise the court will reject his application. Legal aid is only now available to victims of domestic violence. Please do not hesitate to ask if I can clarify anything for you. Kind Regards Caroline
Customer: replied 2 years ago.
Thanks for now
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