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ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 1382
Experience:  Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
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My friend has been married years and has recently discovered

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My friend has been married for 20 years and has recently discovered that her husband has been having an affair. She questioned him about it and he said he wants to separate. She only works part time (earns about 17k / year), he works full time (earning 50k). They have one child (daughter, aged 16) who wants to stay living with her dad. He has told Tracy that she needs to move out of their rented home and that she's 'lucky' he won't charge her maintenance for their daughter's upkeep. What rights does she have?
HelloWelcome to Just AnswerI am a Solicitor and will assist you.I am very sorry to hear about your friends situation.Please may I ask:- whose name is ***** ***** is?
- do you know if divorce is contemplated?Kind RegardsCaroline
Customer: replied 1 year ago.
Thank you for getting back to me. The house is rented, and certainly it will end in divorce, sadly.
HelloThank you for your email.Do you know whose name the tenancy is in?Do you know if there are any other matrimonial assets including pensions?Kind RegardsCaroline
Customer: replied 1 year ago.
Hi Caroline, sorry for the delayed response. Tracy thinks the tenancy is in both their names. She doesn't think they have any assets, and they have some debt (about £15,000).
HelloThank you for your response.If the tenancy is in both their names - then she has a right to live at the property. Even if she wasn't named on the tenancy - she would still have home rights to live in the property whilst they were married.This would only change if the police put conditions in place such as bail conditions to prevent your friend returning whilst they investigated a crime or if the father applied for an occupation order - which are not easy to get - as Judges don't like making people homeless and the father would have to prove that the moths has means to live elsewhere.If she did move out alone - then he could seek child maintenance - see this link for what might be payable: your friend did decide to divorce - then because her income is much lower than her husbands - she could seek spousal maintenance to support her. The first step to seeking such maintenance would be through family mediation - which your friend can self refer too by just googling family mediation in her area.I would also recommend that your friend obtains benefits advice as to what she would be entitled too - if she was living alone - so she knows she can manage. Her local CAB or job centre will be able to help get with this.Please do not hesitate to ask if I can help you furtherKind RegardsCarolinePlease kindly remember to star rate our service so that we recieve credit for helping you today
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