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JimLawyer, Solicitor
Category: Family Law
Satisfied Customers: 3772
Experience:  Senior Associate Solicitor
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My wife said she wanted to end our marriage, I wanted to see

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my wife said she wanted to end our marriage, I wanted to see if we could work things out but she refuses to. We own our house in joint names and have a 12 year old son who we haven't told the situation to yet. My wife wants me to move out, we're both full time but she earns considerably more than me and our mortgage is cheaper than rent and I'm worried the large garden. Is it excepabke to ask her to leave as I have more belongings and need the garage, have always taken care of property, bills & general garden maintenance to our large garden etc. We've always shared the child care and although have a slightly different relationship with our son as would would expect she thinks he would need her support more during the split, Indissagree with this though. What are my legal rights please?

Hi, it depends if she can afford to move out to another property. You both have a right to stay in the matrimonial home although the court will consider your Son's housing needs first and foremost. After that it depends on your own housing needs and as I say, priority will be given to your Son first. If your housing needs would be met by staying in the home and she can afford to move elsewhere then you can suggest this. She earns more than you so this is a possibility or she could pay you to find another place. Ultimately if she wants to stay in the home, it will not be sold until your Son reaches the age of 18 at the earliest. It would be worth speaking to her and seeing a way forwards. If you cannot agree then you have petition for divorce, or judicial separation, and ask the court to decide on a financial settlement.

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