How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask MARTINT330 Your Own Question
MARTINT330
MARTINT330,
Category: Law
Satisfied Customers: 2068
Experience:  Expert
112154245
Type Your Law Question Here...
MARTINT330 is online now

Ok morning the wife has told me to get out due to the fact

This answer was rated:

ok morning the wife has told me to get out due to the fact that i was chatting to a female on line weeks ago which i stopped when she found out as i said she wants me out.
JA: What steps have you taken? Have you filed any papers in the family court?
Customer: no have two adult children living with us 23 and 27 ,1 is special need i pay all the bills including mortgage can i have them removed nothing in the house bills has her name on them and the mortgage is only in my name
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: kent i think its sevenoaks being the nearest to sheerness
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: no i don't think so

Hello, my name is***** hope you are well today. I am a qualified Solicitor, and I will be able to help you by providing you with an answer to your question today. I specialise in UK and Irish Law. I am not always online but rest assured if I do not respond immediately I will respond when I return.

Is there anything else you feel is relevant to your question or anything else you would like to add before we continue?

Customer: replied 13 days ago.
not at the moment

Did your spouse applied for divorce?

Customer: replied 13 days ago.
no she has not yet all i want is advice at the moment what rights i have

In most cases, when a court imposes financial remedies to split the assets, it will make the decision based upon:

  • Any children under 18 in the marriage, their n/civil partner
  • The length of the marriage/civil partnership
  • The value of assets, both before, during, and after the marriage/civil partnership – this can also include pensions
  • The earning capacity of each spouse and their responsibilities during the marriage (such as child-rearing) and in the future
  • What each spouse contributed to the marriage in terms of finances and assets (and may contribute in the future towards the family’s welfare)
  • The standard of living during the marriage/civil partnership
  • If either party has a disability
  • The negative conduct of the parties (although this is rare)
  • The overall needs of each party

Customer: replied 13 days ago.
been married since 84

It doesn’t matter whether the property is in just one or both of your names. You could both still have the right to live or stay there.

The court will always endeavour to meet the needs of any children first, and then the needs of the partners secondly.

Both of you have legal ‘home rights’ until a financial settlement is made, or until financial remedies are imposed by the court as a permanent arrangement. Home rights refer to your rights to the family home, even if you don’t legally own it or are not named on the mortgage. This means that neither of you can be forced to leave the matrimonial home unless there is domestic violence or court order.

To give you more overview, home rights permit you and your spouse to continue occupying your marital home regardless of who bought it.

Is there anything else I can help with today?

Customer: replied 13 days ago.
both our children are 23 and 27 years old one is special needs learning disablity
Customer: replied 13 days ago.
we have talked about the wife paying the water polltax house hold bills leaving me with the mortagage and one secured loan on the house to pay each month at the moment she does not work and has'nt for the past 30 years or so
Customer: replied 13 days ago.
toal of house hold bills comes to 600 a month and being split between my 2 daughters paying into my bank account each month
Customer: replied 13 days ago.
thany you for your help
No problem.  Happy to help. Do you have any further questions I can answer for you?
Customer: replied 12 days ago.
no not at the moment thankyou for your advice

Thank you for your question on JustAnswer. I am always available to help and please do let me know if you have any other questions I can answer for you.

MARTINT330 and 2 other Law Specialists are ready to help you