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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34105
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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Hi, my wife has moved out of our home, the mortgage and title

Customer Question

Hi, my wife has moved out of our home, the mortgage and title are in my sole name, therefore does my wife have any claim to the property?
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.
How long have you been married and are there any children involved?
Clare
Customer: replied 3 years ago.

Hi Clare,


 


We've been married 2 1/2 years, and we have a 10 year old daughter.


Steve

Customer: replied 3 years ago.
Relist: Other.
Time expired while waiting for a reply
Expert:  Clare replied 3 years ago.
Hi
How long have you lived together?
How much is the house worth and how much is outstanding on the mortgage?
What other assets and debts are there and what income do you each have?
Clare
Customer: replied 3 years ago.

Hi,


 


We have lived together for 10 years. The house is worth £90k, and there is £60k left on the mortgage.


Apart from a couple a cars, there are no other assets. My income is gross £86k pa, and my wife doesn't work.


 


Steve

Expert:  Clare replied 3 years ago.
Hi
What accommodation is she now in?
Clare
Customer: replied 3 years ago.

She is at her parents house at the moment, with a view of going into rented accomodation


 


Steve

Expert:  Clare replied 3 years ago.
Hi
I am afraid that not only does she have the right to return to the property whenever she wishes but she also has a clear financial claim on the property
The starting point is a 50/50 share - but if she wishes to live there with your daughter until the child is 18 she will be allowed to do so.
You are also facing a large spouse maintenance bill
I am sorry to give such bad news - please ask if you need further details
Clare

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