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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 14307
Experience:  I have been practising for 30 years.
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My husband and I are not getting on at all well. It looks as

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My husband and I are not getting on at all well. It looks as if we will have to sell the house and move on. We don’t want to divorce and wondered if there was any way we could still live under the same roof with some sort of legal documentation in place that makes living together easier and “the rules” more enforceable and gives us both the freedom to live our own lives but be financial better off. If we sell the house we will both be worse off and neither of us can afford to buy the other out. He spends more time with his ex wife, his daughter and granddaughter than with me and has spent the last 5 Christmas where he wants and I have been on my own.
JA: What steps have you taken? Have you filed any papers in family court?
Customer: No, not done anything. Just looking for some solutions
JA: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county do you live in?
Customer: Hampshire is my county. If I can avoid filing papers I will. Just wondered about the possibility of doing something that was legal but enabled us to live as house sharers
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No

Good morning. I will assist with your question - be aware this is an email not chat service therefore i maybe delayed in replying.

how long have you been together and married in total?

who name(s) on mortgage? who pays?

what sort of arrangement are you hoping for?

and what type of agreement would you want?

Customer: replied 8 days ago.
We have been together 29 years and married for 19. There is no mortgage and the property is in my name. In 2006 he signed a disclaimer via a solicitor saying he had no rights to the property. He has 2 buy to let’s,one of which his daughter lives in.
I was wondering if there was some type of legal documentation that would enable us to live under the same roof...this house..and have no hold over each other except that of house sharing. We can get on well if he has complete freedom and I keep my mouth shut! ����

The courts will not get involved in marital finances unless you have started divorce or legal separation proceedings.

Therefore, the best you can do is a Post Nuptial agreement (like a prenuptial agreement but done after marriage and indeed, more binding than a prenuptial agreement) whereby you both agree what’s going to happen to all the marital assets while you live together and when you eventually split.

Any divorce/family solicitor should be able to do this for you but it is absolutely essential that you both take legal advice on the effect of the agreement otherwise is it is of very limited value. You could be looking solicitors charging up to about 700 plus VAT and some could potentially charge more.

Can I clarify anything else for you?


I am happy to answer any specific points arising from this.


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Best wishes.




F E Smith and 2 other Law Specialists are ready to help you
Customer: replied 8 days ago.
Thank you, this is very helpful and good for thought.