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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34276
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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Quick outline of situation. Wife is obsessed with jealousy and is convinced I am h

Resolved Question:

Hello. Quick outline of situation.
Wife is obsessed with jealousy and is convinced I am having multiple affairs. Not at all true. Result is stalking and emotional/mental abuse.
Four year history of this prior to marriage but she had promised and convinced me that it would stop if we were married. Married august 2015.
Problem has got much worse since marriage and not sure can deal with it much longer. Question is regarding house. My name alone on mortgage and deeds. I pay mortgage all bills insurances, everything through my sole bank account. Would she have any viable claim against the house after such a short marriage on event of divorce
Also can I ask her to leave the house ? She has son age 15 who lives with us. Not my son.
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year ago.
Hi
Thank you for your question. My name is ***** ***** I will do my best to help you but I need some further information first. Has she made any payments to the house?
Expert:  Clare replied 1 year 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 you lived together in total?
How much is the house worth and how much is outstanding on the mortgage?
What other assets are there and what income do you each have?
Clare
Customer: replied 1 year ago.
She has made no payments towards the house at all nor any of the bills for the house. I pay everything. She has lived with me since august 2012 but not married till august 2015. The house worth approximately £150,000. House was bought with government home share scheme 1/2 share owned by me. Outstanding mortgage is approx £50,000 on my half share.
I earn £30k per year. She earn £17k per year.
Expert:  Clare replied 1 year ago.
Where was she living prior to moving in with you?
Customer: replied 1 year ago.
In rented accommodation
Expert:  Clare replied 1 year ago.
Local Authority or private?
Customer: replied 1 year ago.
If it makes any difference she moved out in 2014 for 6 weeks over same problem but obviously moved in again
Customer: replied 1 year ago.
Private accommodation in 2012 but accommodation provided by local authority for the 6 weeks in 2014
Customer: replied 1 year ago.
Hello ? Are I still there
Expert:  Clare replied 1 year ago.
HiMy apologies for the delayYour wife has an absolute right to remain in the matrimonial home so long as you are married and you cannot exclude her unless you obtain a court order as a result of her violence.A four year relationship also gives her a financial claim - nit for 50% of anything close - but certainly for a lump sum settlement to allow her to rehouse herself and the child - say up to £5000 at most.You shoudl try and negotiate a settlement with her using Family mediationwww.familymediationhelpline.co.ukI hope that this is of assistance - please ask if you need further detailsClare
Customer: replied 1 year ago.
Thank you. So the fact that she is not on the mortgage or the deeds and has not paid a single penny towards any bills or anything makes no difference. ?
She has refused to contribute in any way.
Also. This being the case. She still owns land and property in the philipenes Would I have any claim against that ?
Expert:  Clare replied 1 year ago.
Hi
I am afraid that yes being married does give her those rights - but YES you do have a claim on her assets
Clare
Customer: replied 1 year ago.
Thank you. I think she would resist a quick divorce and to live in the same house with her until a long divorce is completed would be unbearable .
I can temp stay with my sister. Any potential problem with this ?
Also as I will not be using any of the utilities could I transfer the gas and electric to her name so she has to pay them ? Or would doing this increase her claim ?
Expert:  Clare replied 1 year ago.
There is no problem - and you can indeed change the services into her nameHowever that does mean there is no great pressure on her to move.
Customer: replied 1 year ago.
So her name being on the services or bills will not increase her claim possibility ? Only a college told me that if she shows she is paying the bills it would be a disadvantage to me. Sorry but I need to be sure about this.
Expert:  Clare replied 1 year ago.
No it will not increase her claim
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