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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33279
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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My wife asked me to move out and said she would be better off

Customer Question

My wife asked me to move out and said she would be better off on her own,we have four kids which she is taking care of but now she says I can't enter the house now , the mortgage is in her name alone does she have the right to do this
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Claire and I will do my best to help you but I need some further information first.
How old are the children and when did you move out?
Claire
Customer: replied 3 years ago.
The kids are 14,13,11,9.and I moved out on the 28th of july
Expert:  Clare replied 3 years ago.
Hi
What contact are you having with the children at the moment and why do you wish to return to the property (not that there is any reason why you should not - just is there a specific reason)
Claire
Customer: replied 3 years ago.
I normally go to see them and then go on to work as I work nights and my wife works during the day so I pop round to see them after school for an hour or so
Expert:  Clare replied 3 years ago.
Hi
How much is the house worth and how much is the property worth and how much is outstanding in the mortgage?
What other assets and debts are there and what income do you each have?
Claire
Customer: replied 3 years ago.
The house is a part buy part rent 60/40 there's about 30,000 left to pay,the rent is £276 a month.i have a car loan for£375 a month,a loan which is £395 a month and a credit card with £15,000 of debt and I pay £100 a week rent where I'm staying.i earn between£1800 and £2200 a month depending on overtime. I also currently owe wonga £1200. My wife clears £1750 a month with a credit card of about £12,000 of debt and a catalogue bill which varies from month to month.the mortgage is about £350 a month , sky is about £120 a month council tax is £139 a month and other bills about £150 a month.
Expert:  Clare replied 3 years ago.
Hi
Why is it in her sole name?
Claire
Customer: replied 3 years ago.
At the time she was working full time and I was a house husband and not working plus she got the deposit from a previous divorce settlement
Expert:  Clare replied 3 years ago.
Hi
You have an absolute right to return to the Matrimonial Home whenever you wish so long as you are still married and unless your ex obtains a court order excluding you.
In addition you should register your financial interest in the property at the Land Registry using a form HR1
http://www.landregistry.gov.uk/_media/downloads/forms/HR1.pdf
You should try and discuss these and any other issues with your ex using Family mediation (www.familymediationhelpline.co.uk) to try and resolve the finances
Please ask if you need further details
Claire

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