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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34589
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 husband and I have been married 10 yrs he is now going to

Resolved Question:

My husband and I have been married 10 yrs he is now going to apply for citizenship. I don't want him too. Reason being we don't get on and I feel that he will divorce me and he will want to have his share of the house which is now on his name too. I bought this house and put 10k deposit cash from my saving and lived in this house 5 yrs before him marrying me. now with 2 young kids i'm not working and he is the main income provider thus his name on the mortgage. He does say that give me my share of the mortgage I've paid into this house.
I'm asking does he have any rights towards the share of this house without the passport or are they the same? I don't want him to take my house as its really mine.
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.
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?
How old are the children?
Clare
Customer: replied 3 years ago.

Mortgage =70000 house worth 185000

debts mine=18000

his=15000

his income=21000

me - none

kids 1=9 ys 1=7 yrs

Expert:  Clare replied 3 years ago.
Hi
How much would a cheaper three bedroom property in the same school area cost to buy?
Clare
Customer: replied 3 years ago.

135-16000

Customer: replied 3 years ago.
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Customer: replied 3 years ago.

Why are you taking such a long time to reply?

Expert:  Clare replied 3 years ago.
Hi
My apologies for the delay
We are all working lawyers and I spent the afternoon in court a long way from home
I am afraid that whether or not he has his passport does NOT change his financial rights in a divorceIndeed if he can earn more here in the Uk it is in your interest for him to remain here
I am afraid that he does have a financial claim on the house BUT the priority for the court is the safe and secure housing of the children until they are 18 and he will not be able to force a sale before then unless you cohabit with or marry someone else
When the house is sold the history of your marriage means that you will certainly get a larger share of the equity - possibly more like 70%
I hope that this is of assistance - please ask if you need further details
Clare
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