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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 32086
Experience:  Over 5 years in practice
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I have separated from my husband unbearable to remain living

Customer Question

I have separated from my husband unbearable to remain living together. Mortgaged property in joint names. I cannot afford to stay living here and am looking to rent. We have a 12 year old child who will be living with me. I think 4 days after separating he has established a relationship with my best friend.they say it's as friends but I went into history on computer yesterday and discovered hotel booking forms plus my friends daughter has posted on facebook pics of them going out. His back is visible in one picture that's all. Want to know what my rights are. If I leave the home to rent do I lose any financial entitlements on the hoyse and would he be able to then refuse to sell and where do I stand? house? I'm going to be on housing benefit which I'm only entitled to for 6 month because I have equity in property. He has agreed to sell house when I leave but where do I legally stand? he holds all finances I have a job part time but he is paid good salary with pension etc and I gave up career to raise our child so have nothing. How do I ensure that I get what I'm entitled to? I've asked him also not to include my son on visits too his "friend" but he's refusiing. Is there anything I can do regarding that? At the moment I'm trying to keep it amicable! But he's being very unreasonable. We planned on separating for 2 years and then getting easy divorce is this case? Can we sort out finance separate?
Submitted: 3 years ago.
Category: Law
Expert:  Clare replied 3 years ago.
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 much is the house worth and how much is outstanding on the mortgage?
What other assets and debts are there and what is his gross income?
Customer: replied 3 years ago.

Hi clare


Not house estimated but it's in hereford 4 bed detached guessing around £250,000 maybe slightly more? Last statement from mortgage company said at end of Dec 2013 we have £94,778.61 left. I don't know exactly what his salary is but his pay slip shows £2691.01 net pay for month. How much would he be required to pay for child maintenance? I think only debt to pay we have is car finance started 30 March 2013 for 36 months at £217.61. He has always dealt with in financial industry. I know he has various saving schemes through work and a good private pension with them but don't know values...he's worked at company for 26 years if that helps

Expert:  Clare replied 3 years ago.
May I ask why you do not feel able to remain in the property?
How much would a two bedroom property in the same school area cost to buy?