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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33311
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 have bought a house while being married. The house is on

Customer Question

I have bought a house while being married. The house is on my name only. My wife and myself leave in part of the house for the period that we live together, as I build a separate flat for us on the rest of the house I have build two studio flats with paying tenants. on the registry its still a house but as we only live in the flat can I claim that my wife are entitled to only half of our matrimonial flat or she can ask for half of the entire house. she never paid bills mortgage council tax nothing many thanks. Abraham Cohen. We have no kids and we are married for about 10 years

Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 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.
How much is the property worth and how much is outstanding on the mortgage?
What other assets and debts are there and what income do you each have.
How long have you actually lived together?
Clare
Customer: replied 2 years ago.

Im not sure but it can be from 300000 to 450000 pounds


I still have 100000 mortgage


we live around 10 years together


most of my income come from rent


my wife earn 17000 pound approximately


my main question is can I claim that since we never live in the whole house only in the flat that the flat is our matrimonial home. although Its not registered as a flat

Expert:  Clare replied 2 years ago.
Hi
how much does a one bedroom property in the same general area cost to buy and what is the extent of your actual income
Clare
Customer: replied 2 years ago.

Just to clarify do you charge me extra money every time when you ask a question? my estimate maybeNNN-NN-NNNNbut question is more of principle I don't need you to estimate value I need to know what the low


say regarding a house who I bought after I got married and converted it and we move to the flat upstairs and the rest of the house is rented out as two studio flat.AAre you charging for every questions??

Expert:  Clare replied 2 years ago.
Hi
No this is all covered in the one fee
The issue that you raise is in fact irrelevant
The court will look at all the assets that you each have as a whole and not which part you actually lived in.
A ten year relationship doe snot give her an automatic share on half the assets - but a lump sum sufficient to meet her housing needs is a likely outcome
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 2 years ago.

What really important for me to know is what is a matrimonial home if i have paid all the bills mortgage ..call the building cost my wife was working all the time and use her money as she please .other then some shopping for food I have paid for everything else.we always have our own private accounts which I don't understand where is the low stand regarding matrimonial house !!!

As well my wife is polish.and we had to get married

Fast to secure her visa. I had some problem with fertility but my wife didn't agree to do IVF

that when all our marriage fall apart. I felt cheated as I. wanted to have my own family. Can I ask the court to make this marriage a false marriage??

Expert:  Clare replied 2 years ago.
Hi
No I am afraid that it is not a false marriage - but you certainly have grounds for divorce.
The Matrimonial home is the place where you live - and that is the flat which is part of the house.
Her financial claim is not limited to the flat alone it covers all your assets
Clare
Customer: replied 2 years ago.

Do you mean that she entitled to any money that I accumulate during the marriage although she didn't contribute anything money wise or childrens ???

Expert:  Clare replied 2 years ago.
Hi
Yes she has a claim on it - that does not mean that she gets half of it
Clare
Customer: replied 2 years ago.

Just wonder, my wife is no longer living in the house but she have all her stuff in our spare room where she use to sleep before she moved to her boyfriend place. Am I allowed to change the locks and forbidden her from entering my flat. Or is she still allowed to have a key income in if she ever please although she don't really do it. I'm just worries If something go wrong with her boyfriend she may come back. What is my legal status regarding her entering the house?? Although I can leave her a key for the spare room but lock her out of the flat, am I allowed to do so ?

Expert:  Clare replied 2 years ago.
Hi
I am sorry but your ex is entitled to return to the Matrimonial Home whenever she wishes so long as you are married so no you should not change the locks until after the Decree Absolute
Clare

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