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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33310
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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I am 6 months pregnant and have been married for the same time.

Customer Question

I am 6 months pregnant and have been married for the same time. my husband has thrown me out of the house and changed the locks. my name is XXXXX XXXXX the property, he is in joint ownership with his friend. Any advice please?

Also, somebody mentioned to me about putting a charge on the house.
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare and I will do my best to help you but I need some further information first.
Does the friend also live at the property?
Clare
Customer: replied 3 years ago.

No he doesn't live there. It was just the two of us, but my husband has been living there for 5 years.

Expert:  Clare replied 3 years ago.
Hi
How much is the house worth and how much is outstanding on the mortgage?
What other assets and debts are there and how much do you each earn?
Clare
Customer: replied 3 years ago.

the house is probably worth around £125,000, as far as i am aware they have paid off the mortgage so all he pays is the bills.


 


he has other properties, but not under his own name, i think he has taken out under friend's names for various unknown reasons.


 


i don't know much about his earnings, but i currently earn £200 a day - until mid december when my contract ends.


 


he says he is a property developer, but is very vague about his work - i was never allowed to know where he was working.


 


he has previously had a divorce, where his ex wife threatened to go to the police with regards to his dodgy dealings, so he paid her off instead ( he said this amounted to £100,000)


 


i think for this reason he wants to make sure i get nothing so nothing is in my name.


 


hope this helps

Expert:  Clare replied 3 years ago.
Hi
how long have you lived together?
Clare
Customer: replied 3 years ago.

since 15th may this year, thats when we got married

Expert:  Clare replied 3 years ago.
Hi
The fact that the house is in his name is irrelevant - it is the Matrimonial home and you have the right to live there so long as you are married - and you also have a financial interest in it
If you wish to you can apply to the court on Monday for an order that will allow you to return to the property - and force him to leave if he tries to exclude you again
In addition you have a financial claim since he will have to house you and the child until the child is 18 (unless you cohabit)
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 3 years ago.

Hi Clare,


 


I have found out that he doesn't actually own any of the property we lived in, its his friends & his wifes name on it.


 


However, he does have another property in his name only, which is currently let to a tennant.


 


Do i still have any right on that property?

Expert:  Clare replied 3 years ago.
Hi
Indeed you do
Clare

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