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James Mather
James Mather,
Category: Family Law
Satisfied Customers: 1390
Experience:  Senior Partner at Berkson Wallace
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I am having a difficult situation in my marriage, we are

Customer Question

I am having a difficult situation in my marriage, we are separated but not divorced and my husband refuses to move out until the house is sold.
We are having terrible arguments every day and I am feeling sorry for my children and for myself because i am under a huge pressure and I am very depressed.
I would like to transfer the mortgage of the house to my husband to be entitled to apply for a housing benefit and be able to move out with my kids.
I used to work full time and at the moment I am working on my own business, which is not profitable yet, but I trust it will be soon, so this will be a temporary situation.
My questions are:
1-Is there is any way to warrant having my equity of the home when is sold after I transfer the mortgage to my husband?
2-I have not access to any assets we have; money, shares, everything he said below to him, because after 11 years of marriage, two years ago I was made redundant during the maternity leave of my third daughter and I have not made any money since then, so he said, he is the one that makes money, and it's all his money.
3-How can I arrange the children maintenance with him with out paying a lawyer that I can't afford now? We have three children; 10,5 and 2 years old. His salary is around £7000 per month.
4-I would like to return to Spain at some point but he refuses because he doesn't want to be away from the children. Is there any chance for me to be able to move there with my children? I am happy for him to see them as much as they want, but my family is over there
Submitted: 4 months ago.
Category: Family Law
Expert:  F E Smith replied 4 months ago.

Hello how long have you been together including marriage and how does housing benefit come into it?

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 - but please be aware that your proposal would not work and you would not be eligible for housing Benefit

In addition he is wrong about the assets belonging to him - they do not.

How much is the house worth and how much is outstanding on the mortgage?

What is the value of the other assets

Customer: replied 4 months ago.
We have been marriaged for 11 years.
The house is around £640K
Mortgage is £380K
I understand/Know the assets don't below to him, but I have access to nothing
Expert:  Clare replied 4 months ago.

How much does a cheaper three bedroom property in the same school area cost to buy?