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Clare, Solicitor
Category: Law
Satisfied Customers: 34897
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My husband and I have agreed to separate, the house is currently

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My husband and I have agreed to separate, the house is currently on the market and up to now we have both continued to live in the property. This is proving to be very difficult. He refuses to move out until the property is sold. If I moved out along with our 2 children (17 and 19 years) would I need to contribute to the upkeep of the marital home and could this affect the final settlement? (Approximately 150K equity and 40K mortgage).The property and the mortgage are mortgage are both in joint names.
Thank you.
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
How long have you lived together and what other assets and debts are there?
What income do you each have?
Customer: replied 3 years ago.

We have lived together for 23 years and been married for 20.

The only other asset is the car which is in my name and I pay all the running costs, value of approx 8K with a personal loan again in my name of approx 5K still to pay.

Credit card debts of approx 3K again in my name only.

My income is £30k and his is 22k

He has pensions to the value of 120k. Mine are approx 10k.

Thank you for your quick response.

My apologies for the delay
Have you discussed what the eventual division will be bearing in mind your claim on his pension?
Customer: replied 3 years ago.

We had discussed an equal split of the house. Wasn't aware I had a claim on his pension?


You have a claim on half of the pension that has accrued whilst you were married - balanced of course against his claim on yours
You can either have this as a Pension Sharing Order - or by way of a larger share of the house proceeds - indeed you may be able to remain in the property and raise a larger mortgage to buy your ex out.
You should try and discuss matters with your ex using Family mediation (
If you do leave the house you will NOT have to contribute towards the costs nor will effect your claim
I hope that this is of assistance - please ask if you need further details
Clare and 2 other Law Specialists are ready to help you