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Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2851
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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My wife wants me to leave our home after 28 years of

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my wife wants me to leave our home after 28 years of marriage . should i leave ?

Hi, thank you for your question. Just a bit more information required to fully assist you:
-Are you in England or Wales?
-How old is she?
-How long have you been married?-Do you have any children together, if so their ages and proposed arrangements?
-What other assets and pensions do you both have (both sole and joint), together with values?
-What are your respective incomes?
-What is the value of the property, and what is the outstanding mortgage?
-Who is now living in the property?
-Whose name is ***** ***** in?

Customer: replied 1 year ago.
ENGLAND , 53 , 28 YEARS SON 19 DAUGHTER 15 YEARS , NO ARRANGEMENTS . I HAVE £1000 per month my wife has £1900 per month pensions = £100,000 INVESTMENTS .WE ARE BOTH RETIRED. NIL MORTGAGE THE FAMILY OF FOUR , £330,000 property value in joint names

What is her reason for asking you to leave?

Customer: replied 1 year ago.
She doesn't love me any more and says she just wants her life back . No other person involved . After 28 years of marriage

Thanks for confirming.

Firstly, as the property is in joint names and is the former matrimonial home you have both a legal interest in the property and a right to occupy the property. This can only be restricted if there is a court order in place excluding you from the property - therefore there is no obligation on you moving out at her request and it will be a decision you will have to make as to whether you will be able to meet your reasonable needs if you move out.

Furthermore, as part of any divorce that is pursued there will have to be a financial settlement and you will both need to provide each other with full and frank financial and income disclosure, as well as disclosure of your reasonable needs. The Court's starting point is a 50-50 split of all matrimonial assets and ensuring that both your needs are met in relation to both assets and income. As you have a 15 year old daughter, her needs will take priority and the main carer's needs will be considered before the non-resident parent's needs. The criteria considered is:

1. The income, earning capacity, property and other financial resources which each of the parties to the marriage has or is likely to have in the foreseeable future, including in the case of earning capacity any increase in that capacity which it would in the opinion of the court be reasonable to expect a party to the marriage to take steps to acquire;
2. The financial needs, obligations and responsibilities which each of the parties to the marriage has or is likely to have in the foreseeable future;
3. The standard of living enjoyed by the family before the breakdown of the marriage;
4. The age of each party to the marriage and the duration of the marriage;
5. Any physical or mental disability of either of the parties to the marriage;
6. The contributions which each of the parties has made or is likely in the foreseeable future to make to the welfare of the family, including any contribution by looking after the home or caring for the family;
7. The conduct of each of the parties, if that conduct is such that it would in the opinion of the court be inequitable to disregard it;
8. In the case of proceedings for divorce or nullity of marriage, the value to each of the parties to the marriage of any benefit which, by reason of the dissolution or annulment of the marriage, that party will lose the chance of acquiring.

If you have any further questions regarding this please let me know. In the meantime if you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for answering your question without a positive rating. Thank you

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