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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34275
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 new partner is going through a divorce. She and her husband

Resolved Question:

My new partner is going through a divorce. She and her husband have been living separately in the same property, which they jointly own, for a long time. He's been paying the bills, she's been paying the mortgage. They are now separating. If she moves out, and he takes over paying the mortgage, does that adversely affect her rights of ownership in any way?
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 long have they lived together and 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.

XXXXXX

Expert:  Clare replied 3 years ago.
Hi
Who will the child live with?
Clare
Customer: replied 3 years ago.

The child will live at regular intervals with each parent, both of whom will stay in the locality, and both of whom have a good relationship with the child. The break-up is mutually agreed and relations are cordial and civilised. XXXXXXX

Expert:  Clare replied 3 years ago.
Hi
How certain can you be that the father will not be able to create a position where the child spends more time with him than with her mother
Clare
Customer: replied 3 years ago.

The child's relationship with both parents is very good. At the moment one or other of them is taking responsibility for individual days or weeks of childcare and its all happening in a very civilised way.

My partner's most urgent concern, in wanting to not live in the same house as her husband, is whether she could in any way forfeit her ownership rights over the property which she jointly owns with her husband if she moves out and he takes over paying the whole mortgage from that date.

Thanks for your help with this.

Expert:  Clare replied 3 years ago.
Hi
Final question (I hope) - is it a repayment or an interest only mortgage?
Clare
Customer: replied 3 years ago.

interest only

Expert:  Clare replied 3 years ago.
Hi
In that case moving out will not effect her claim on t he property in any way even if she no longer pays towards the mortgage.
Clearly it gives her less control over any eventual sale - but she will be able to force a sale if her ex proves difficult.
One point to note however is that if the child choses to remain with dad after all then it may be difficult to force a sale before the child turns 18.
I hope that this is of assistance - please ask if you need further details
Clare
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