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Ask Clare Your Own Question
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34131
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 wife wants a divorce, we have 2 children aged 10 & 7 we

Customer Question

My wife wants a divorce, we have 2 children aged 10 & 7
we own 2 properties jointly and also we each own a 5 bedroom house within close proximity, the one that we live in is in my sole name and the other in her sole name
Do I have the right to ask her to leave to live in her own house if we split or would I still need to move out as the current property has been our marital home for 3 years now?
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Where did you live before then?
Customer: replied 2 years ago.
We lived in what is now her house but it was jointly owned between us at the time, but to be able to keep that property and buy the current one we had to split the investments to buy them both
The one in my name is ***** ***** around £1.1m with a £435k mortgage and the one in Leanders name is ***** ***** around £800k with a £105k mortgage
Not sure if this info is relevant but maybe?
Expert:  Clare replied 2 years ago.
Is your wife likely to wish to live in the current home?
Customer: replied 2 years ago.
Possibly although the house that's in her name, we bought from her parents when they divorced and it was their family home that holds lots of memory's for my wife, and we have only owned our current home for about 3 years of which we spent 18 months renovating it and moved back in in december
Also if it's relevant, both houses are in the same road, approximately 7 houses along
Expert:  Clare replied 2 years ago.
You have no right to ask your wife to leave the current house just because it is held in your name I am afraid.
Within the financial side of the divorce proceedings agreement will have to be made on who will have which asset - and your wife will have to understand that if she wishes to remain in the current home then the other property will have to be sold and the proceeds given to you
This is a matter which is best discussed using Family mediation
I hope that this is of assistance - please ask if you need further details
Customer: replied 2 years ago.
Thank you for you assistance and clarification
Best regards
Expert:  Clare replied 2 years ago.
You are most welcome I hope things go as well as they can

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