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Harris, Law Specialist
Category: Law
Satisfied Customers: 2851
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I have been apart from my wife yrs but still not divorced

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I have been apart from my wife for 10 yrs but still not divorced I secured custody of my children 6 years ago. I live in a mortgaged property in my name. My ex wife has 2 children from another relationship. The children have been removed from her care and live with their grandmother. She is living in this property alone and is not paying the mortgage which is now affecting my credit rating. The mortgage is interest only and nothing has been paid off the debt since I left the property. I bought the property with my local housing discount and got a 50per cent discount. The property is in a state of disrepair. I would like to keep the property but cannot pay any arrears as she will remain there. Repossession I'm sure will be soon affecting my mortgage prospects. I am also worried about solicitors fees. She ignores mail. Any advice would be greatly appreciated.
Hi, thank you for your question. Just a bit more information required to fully assist you:-Have you divorced?-Have either of you remarried?-Has there been a court-approved financial settlement?-How old are you both and how long were you married?
Customer: replied 2 years ago.
No still married.
No not remarried.
No settlement.
I am 46 and she is 37.
Married for around 14 years but separated for 10 years.
Customer: replied 2 years ago.
Not sure if I made myself clear but I have a new mortgage in my name but also share a property with my ex.
Thank you for the further information. If the property that she is in was the former matrimonial home then she can reside there as she has a right to occupy arising out of the marriage, even if it is in your sole name. Furthermore, she will be able to make a claim against the property (and any other assets) due to the marriage. I would highly suggest that you consider pursuing an application to court once divorce proceedings have been issued so that the financial matter can be settled. The court looks at the criteria below when deciding how to divide assets and make financial orders, with a starting point of a 50-50 split of all matrimonial assets and ensuring that both your needs are met in relation to both assets and income. The criteria considered is:1. The income, earning capacity, property and other financial resources which each of the parties to the marriage has or is likely to have in the foreseeable future, including in the case of earning capacity any increase in that capacity which it would in the opinion of the court be reasonable to expect a party to the marriage to take steps to acquire;2. The financial needs, obligations and responsibilities which each of the parties to the marriage has or is likely to have in the foreseeable future;3. The standard of living enjoyed by the family before the breakdown of the marriage;4. The age of each party to the marriage and the duration of the marriage;5. Any physical or mental disability of either of the parties to the marriage;6. The contributions which each of the parties has made or is likely in the foreseeable future to make to the welfare of the family, including any contribution by looking after the home or caring for the family;7. The conduct of each of the parties, if that conduct is such that it would in the opinion of the court be inequitable to disregard it;8. In the case of proceedings for divorce or nullity of marriage, the value to each of the parties to the marriage of any benefit which, by reason of the dissolution or annulment of the marriage, that party will lose the chance of acquiring. You do not need to have a solicitor represent you, but one will assist in the process and ensure that everything is followed correctly.If you have any further questions regarding this please let me know. In the meantime if you found this information helpful please provide a positive rating. I will not be credited for answering your question without a positive rating. Thank you
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