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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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The house which my wife and I have lived in since 1978 is owned

Customer Question

The house which my wife and I have lived in since 1978 is owned by her on the deeds, but was originally a gift from her father. There is no mortgage or rent. I the husband have been the sole breadwinner and paid all the bills since that time.
Q. Does she have the right to sell the property without my consent or approval? and if she does, what am I entitled to?
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 house worth, what other assets are there and what income do you each have?
Clare
Customer: replied 2 years ago.

The house is worth approx (not being an estate agent) about £400,000.
No other assets.
My income varies annually (self-employed) between £20,000 to £28,000 (gross).
My wife has no income.

Expert:  Clare replied 2 years ago.
Hi
How much does a one bedroom property in the same general area cost to buy?
Clare
Customer: replied 2 years ago.

Not sure how your question is relevant here, but I would say £160,000.
Why do you ask and how is this relevant?

Customer: replied 2 years ago.

Do you have any further information that could be of use to my original question please?

Expert:  Clare replied 2 years ago.
Hi
My profound apologies for the delay.
You have matrimonial home rights in respect of the property and can register those rights at the land registry so that the house cannot be sold without your knowledge or agreement
If there is a separation the family court has wide powers to decide how two divide the assets between you.
Given the fact that the property was a gift from her father it is unlikely that the court will split it equally between you - but it IS likely that you will get enough to rehouse yourself - so £160,000 or so.
Of course this depends on other factors such as your age - so this can only be the roughest of guides.
I hope that this is of assistance - please ask if you need further details
Clare

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