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Ask Clare Your Own Question
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34888
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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I have recently separated from my husband and we own a house

Customer Question

I have recently separated from my husband and we own a house (with mortgage). If I move back to my mum's before we put the house on the market, will it affect me when it gets sold? E.g. can he try to claim more than his 50% of the funds because I technically haven't been living there? Also, if I want to wait 2 years and then divorce through the 2 year separation reason, do I need to declare to a lawyer that we have separated to sort of "start the 2 years" or do I just go through a lawyer/the legal divorce process in 2 years time.
Submitted: 4 months ago.
Category: Family Law
Expert:  Clare replied 4 months ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

Is there any reason why the house is not being sold immediately

Customer: replied 4 months ago.
We are trying to sell the house soon but my husband is fixing our retaining wall that is collapsing and he's dragging it out (started it 3 weeks ago and still has a brick wall to build).
As soon as the back wall is fixed, well be putting it on the market.
Expert:  Clare replied 4 months ago.


Are there any children involved?

Customer: replied 4 months ago.
Expert:  Clare replied 4 months ago.

You will not lose your claim on any part of the equity by leaving the property - but of course if you move out your ex will be even less inclined to prioritise the sale!

You do not have to pay the mortgage or bills if you are not there - and you can point out that paying your half of the mortgage is him paying "occupational rent" since he is the property and you are not

There is no need to report your separation to anyone - just start the divorce in two years time of your ex gives his consent to a divorce on that ground.

I hope that this is of assistance - please ask if you need further details