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Ask Clare Your Own Question
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 35214
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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Morning my wife wants a divorce, she moved out in feb this

Customer Question

morningmy wife wants a divorce, she moved out in feb this year with my 3 biys ages 3,7,10 she then took herself of our council tax and the voting register for our house and put them down as the new place which she rented, she then came home in june time and nover added herself back on , she now wants me to leave the home , can you advisealso the home mortgage and everything is all in my name onlyplease advise
Submitted: 6 months ago.
Category: Family Law
Expert:  Clare replied 6 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

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

Customer: replied 6 months ago.
the property is worth approx 650k and mortgage is 300k
Expert:  Clare replied 6 months ago.

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

Customer: replied 6 months ago.
About 250-290k really
Expert:  Clare replied 6 months ago.

Your wife cannot force you to leave unless you are provoked into violence - or there is a financial order within divorce proceedings.

However I am afraid that if she starts divorce proceedings then within those she will be able to obtain an order allowing her to either remain in the current property - or for that property to be sold and another purchased - until your youngest is 18 or she cohabits

You will have to wait for the balance of your share of the capital until then I am afraid

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

Customer: replied 6 months ago.
Thanks even though she left before and has never officially returnedAlso who would decide the share for myself a judge or between solicitorsMany thanks
Expert:  Clare replied 6 months ago.

Yes I am afraid that the fact she left will not be relevant

If you and your wife cannot agree a settlement using Family Mediation then the matter will have to be decided by the court.