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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34274
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 daughter married a man who already owned a house in his

Resolved Question:

My daughter married a man who already owned a house in his name. The marraige lasted only a few months. Can you tell me whether she is entitled to any proceeds from the property should he sell it?
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Did they live together prior to the marriage - if so for how long?
Are there any children involved?
how much is the house worth and how much is outstanding on the mortgage?
Clare
Customer: replied 3 years ago.


They were living together fo two years but not in the house in question. They were renting before. They were living in the house in question for three months prior to the wedding. There are no children involved.


The house was purchased for £75 thousand in July 2013.

Expert:  Clare replied 3 years ago.
Hi
Is there a mortgage on the property?
Why was the house purchased in his sol ename?
What other assets are there and how much do they each earn?
Clare
Customer: replied 3 years ago.

He is 24,she is just 20 and a student. He earns about £12,000 a year and she earns about £5000 a year doing casual bar work etc... The deposit on the house was £15,000 so there is a mortgage for £60,000.


I think the reason the house was bought solely in his name was partly because his parents gave them the deposit for the house. Also, because she was not earning a full salary.


 


He has told her to leave the house and she is now back 'home' living with us.

Expert:  Clare replied 3 years ago.
HI
The first thing to say is that your daughter has an absolute right to return to live in the Matrimonial home should she wish to do so and her husband has no right to exclude her
She can register her rights on the property using the form here
http://www.landregistry.gov.uk/_media/downloads/forms/HR1.pdf
Her financial claim after a two year relationship is small given that the deposit came from his parents - but not nothing and she could expect a lump sum of £2,000 to £3,000 assuming the house price remains the same
Please ask if you need further details
Clare
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