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plclegal
plclegal, Barrister
Category: Family Law
Satisfied Customers: 3052
Experience:  Barrister at law
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My sister and her husband have recently separated and she

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Hi, my sister and her husband have recently separated and she wants to move out of the marital home, she want to move into rental accommodation, however she is unsure if she will loose any rights to the house if she moves out?
Assistant: What steps have you taken? Have you filed any papers in family court?
Customer: Not yet, he has decided he doesn’t want to be with her and she cannot stay at the Ouse with him, they have a 2 year old, they decided it be best if she moved out however she is worried once she does that she may loose some rights around the marital house
Assistant: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county do you live in?
Customer: She is in Milton Keynes, does she need to go that far right now??
Assistant: Anything else you want the lawyer to know before I connect you?
Customer: No I don’t think so

Hello, my name is*****'ll do my best to assist you.

Is the child coming with her?

Have they decided what to do about sharing the care?

Customer: replied 5 months ago.
Hi, yes the child is going with her, I believe he will spend the majority of his time with her

OK. She will not lose her right to the home.

There is a presumption of a 50/50 split of the matrimonial assets upon divorce.

This is then possibly weighted more in terms of a percentage split towards the parent who is the main carer for the child, as their combined needs are greater.

But the important point is she does not lose her right to a share in the asset simply by moving out.

Is there anything I can clarify for you?

Customer: replied 5 months ago.
No that is all for now, thank you very much for your assistance

My pleasure.

If you have further questions, you can always come back to me.

In the meantime, if you could take a second to provide a 5 star rating I'll be credited for my time spent responding to your question.

Kind regards,

Peter

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