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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'm a married lady that is going to separate from my husband

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I'm a married lady that is going to separate from my husband .I own my own property which I bought ten years before I met my husband .it's me solely on the mortgage .I have been married aproxematly ten years I wondered if you could advise me of my position how I would stand when we split .I'm wanting him to vacate the property .
Hi, thank you for your question. Just a bit more information required to fully assist you:-How old you both are-Do you have any children, if so their ages and arrangements after separation-What other assets you both have, including pensions-What your respective incomes are
Customer: replied 1 year ago.
I am 44 he is 47 got one daughter age 6 I got work pension and child saver for daughter what I pay unsure what pension he got I take 900 month he take home 1000 month roughly
Customer: replied 1 year ago.
I asked him leave which not making any effort of doing
Thanks - will you be your daughter's main carer after separation?
Customer: replied 1 year ago.
I am hoping so
Thank you. Firstly, as it appears that your property is the matrimonial home, he has rights to live there until divorce or a court order excluding him from the property. Once a divorce application is issued, you will need to reach a financial settlement which will deal with division of assets, which will include what happens with the home. As you will likely be the main carer of your daughter, the court will want to ensure that she is suitably housed until she reaches a certain age, for example completing education - and your home is the first option for this. The court can look at making an order for you and her to stay in the property until this time, after which it will be sold and divided between you and your husband. 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
Harris and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Very helpful thank you
Thank you, ***** ***** goes well - if you have any questions in the future you can ask for me directly by starting your question For Harris