My Friend wanting a divorce, house and financial advice please?

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Mary

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I have a friend who's been married 7 years and she's got 2 children aged 5 and 3 with her husband.

The both have there names on the mortgage.

Things have happened which mean she no longer wants to be his wife anymore (it is well justified i just dont want to mention them all on here) and she asked him to leave and he said he'd leave temporarily (he is under the illusion they will get back together).

She doesn't know where to go from here.

He has refused to pay towards the mortgage and the children now he's not living in the house.

My friend has a small job which would just about cover all of the mortgage plus bills plus all child costs, she doesn't necessarily need money off him, obviously it would help but she doesn't need it.

She has visited a solicitor but because she's on legal aid they will only give her a very small amount of advice because she isn't paying the full amount as legal aid are paying the solicitor.

Has anyone got any advice on what she should do next ?

Should she contact CSA ?

She has informed tax credits she is now living alone and single.

She does want to divorce her husband but she wants to wait 2 years so that it doesn't have to go through courts.

IF she went through courts, does anyone know what a judge would decide about the home that she lives in with the children ?

Would a judge order the husband to still live in the home or would the judge say she can live in the home with the children until the children leave high school ?

At present he's threatening to just move back in the house with the wife and children all because its half of his house, but as i said things have happened (not her fault) which means she detests the man.

Does anyone have any advice on joint custody of the children, how would this impact on who lives in the house ?

This is a UK question, please only answer if you are a UK resident with a little knowledge on this.

All advice will be greatfully received, my poor friend is at her wits end and doesn't know what to do for the best.

Thank you in advance and thank you for reading this far.

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I am not in the UK but it seems it would vary from case to case. First off you have got to remember there are two sides to every story your friend is going to tell the side that makes her look better unless you were there to witness every single event that took place in their home you can not say everything is his fault.
 
Don'T contact the CSA it takes years to get the money sorted out. The lawyer should give her all advice needed as as she will get legal aid they get more than if she had to pay it. He can ask her to sell the house but cant force her, he has to go to court to have that done, legally he has as much rights to stay in the house as she does,she should talk to him about money.. He has to get a lawyer and go to court to get access but she should allow it unless he will cause injury to the kids. She can buy him out or vice verso, it would mean she would need to remortgage the house to its full value and give him half of the money. Will he get legal aid? I did it took 7 years to sort out the divorce and cost £35,000 from legal aid. Everything they own is 50/50, she or he can also claim part of any future works pension they may have.
 
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