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ukfamilysolicitor
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 1494
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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My husband wants to separate and I have left the marital

Customer Question

My husband wants to separate and I have left the marital home. Children are over 18 but still living at home, along with my 10 week old grandson. Husband can afford to live in house, but I cannot. I feel it unfair that I have left the marital, even though it was his choice to separate. Am I within my rights to expect him to leave and find alternative accommodation and continue to pay the bills for the marital home whilst I live back in it with the children. I work full time but cannot afford to run the house on my salary ?
Submitted: 6 months ago.
Category: Family Law
Expert:  ukfamilysolicitor replied 6 months ago.

Hello

Welcome to Just Answer

I am a Solicitor and will assist you.

I am sorry to hear what has happened.

Please may I ask:

- whose name/s is the house in?

- when did you move out?

- what is the equity?

- what the other assets for both of you including pensions?

- how long were you married

- what do you both earn ?

- is divorce contemplated?

Kind regards

Caroline

Customer: replied 6 months ago.
The house is in joint names. Been married 29 years. Each have a small pension. Husband earns £56,500 I earn £22,300. I have been left for 2 weeks now and divorce has not been discussed. Equity in the house is approx £300,000.
Hope this helps
Expert:  ukfamilysolicitor replied 6 months ago.

Hello

Thank you for your response and for confirming that for t.

What you need to know is:

- you are joint tenants. This means you both have a legal right to reside in the property. You could move back in the house if you wanted too.

- you cannot make him move out of the house. This works both ways. The only ways to restrict a party from their right to occupy is by police bail conditions/ criminal injunction if there has been a crime or an occupation order, which is not easy to obtain.

- if you decide to divorce in the future then either of you once divorce proceedings have been issued, can make a claim in relation to the matrimonial finances. This is all the assets and liabilities for both of you and given your long marriage the starting point for division will be equality. You can argue for a larger share of circa 10% given that you earn less and spousal maintenance to meet your needs.

- given that your children are adults the court will likely order that the house be sold so that the equity can realised and you can both downsize.

- you need to consider mediation as they can try and help you agree interim arrangements whilst you are separated and if you decided to divorce mediation can try and help you agree the division. If agreement can be reached then a consensus t order should be submitted to the court for approval to make it legally binding.

Let me know if I can assist you further

Kind regards

Caroline

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