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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34236
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 separated from my wife. She has JUST started UK divorce

Resolved Question:

I am separated from my wife. She has JUST started UK divorce proceedings. We do not live together, I live in a buy to let home she owns. I moved in here in May 2013. I pay her £800 a month rent and have done so every month without fail. There is NO rental agreement She is now turning nasty and wants to evict me and says she will issue paperwork soon and also now wants the lettings agents to start showing the house to people If evicted I have nowhere for my 2 children to visit me What are my rights please??

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.
Have you ever lived together?
How long have you been married?
Clare
Customer: replied 3 years ago.

Married in 2004, lived together since 2001. 2 kids. she has just filed for divorce. She lives in a house SHE owns, I live in a house SHE owns (both b4 we met she bought) and OUR home we rent out as we cant affor to live there.


 


paul

Expert:  Clare replied 3 years ago.
Hi
How much are the various properties worth and how much is outstanding on the mortgages?
Clare
Customer: replied 3 years ago.

my issue is not what I can keep but can she simply evict me btw. BUT here are the answers, thanks


 


HER HOUSES IN HER NAME


 


Minnidale. mortgage 215k, value 500k (I live in)


Gibbon Mortgage 415k value 775k(she lives in with kids)


Peterborough. Mortgage 100k value k150 (rented out)


 


Jointly owned


 


Nutfield mortgage 1m value 1.6m


 


We get rent net from the above of £5400, after expenses I send her £5200. This covers ALL 3 mortgages, just.


 


Paul


 

Expert:  Clare replied 3 years ago.
Hi
Are you considering divorce proceedings?
Clare
Customer: replied 3 years ago.

she just issued me with the papers a few days ago and is asking for everything basically.

Expert:  Clare replied 3 years ago.
Hi
That is form you excellent news (odd but true)
If she does try and evict you from your home then you can make an immediate application within the Financial side of the Divorce proceedings for an order allowing you to remain in the property - a property on which you can infact make a financial claim as well
For now you can Register your Home Rights using this form http://www.landregistry.gov.uk/_media/downloads/forms/HR1.pdf
If they challenge the fact that you have not lived there together you can use this form - but try th eother one first
http://www.landregistry.gov.uk/_media/downloads/forms/RX1.pdf
Please ask if you need further details
Clare
Customer: replied 3 years ago.

could you tell me, would I apply to the court to get it stopped if she issues a notice to leave etc...?


 


Can she legally throw me out whilst the divorce is not started by her?


 


apologies for so many questions

Expert:  Clare replied 3 years ago.
Hi
If she does start proceedings to evict you then you can defend the on the basis that there is no tenancy and you simply have a right of occupation
You can also start the divorce proceedings yourself if you wish
You should try and discuss possible settlement with her using Family mediation (www.familymediationhelpline.co.uk)
Clare
Customer: replied 3 years ago.

finanlly.


 


your comment "If she does start proceedings to evict you then you can defend the on the basis that there is no tenancy and you simply have a right of occupation"


 


will this stand up in court ? as this was my main question, can she evict me?


 


 

Expert:  Clare replied 3 years ago.
Hi
She can try - but you can prevent it - it is not a realistic threat
Clare
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