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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2545
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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2011 I separated from my husband and divorced in 2012 who had

Customer Question

2011 I separated from my husband and divorced in 2012 who had a mortgage in his sole name. The title to the property is in his name, he died in August this year and his daughter lives in the house. There is an interim charging order to MBNA on this property.
My questions are: do I still have rights to my former home, can I live there as since divorce me and his children have been in rented accommodation? Am I now responsible for any mortgage outstanding etc
What is my next step?
Submitted: 1 year ago.
Category: Family Law
Expert:  Harris replied 1 year ago.
Hi, thanks for your question. I am a qualified family law solicitor.
Was there a financial settlement alongside the divorce? Are you aware if he has a will?
If there was no financial settlement entitling you to a share of the property or if there is no provision for you in his will, then your rights to the property ended when he passed away due to you being divorced.
The property will now be distributed in accordance with his will, or if there is no will in place under the rules of intestacy - therefore will pass to the children in equal shares.
Please let me know if you have any further questions regarding this.
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2545
Experience: Family Law - Specialist in Divorce, Financial Relief and Children Matters
Harris and other Family Law Specialists are ready to help you
Expert:  Clare replied 1 year ago.
HiIn fact matters are not as clear cut as my colleague has suggested - although more information is needed in order to help you find a way forward.You refer to living with his children - I need to know how old they are - and how many other children he has and their agesIt is very likely that if you have his minor children in your care that you could indeed return to the former matrimonial home.In addition if there has been no financial settlement and you have not remarried then you have a financial claim upon the estate - and a good chance of achieving half the equity in the property at leastPlease ask if you would like more detailsClare
Expert:  Harris replied 1 year ago.
Apologies, but my colleague appears to be advising you that you can make a claim against his estate. You can only do this if the Decree Absolute was granted in the year preceding his death. As you were divorced in 2012 and he died in 2015 you are not entitled to claim against his estate (Section 14 Inheritance (Provision for Family and Dependants) Act 1975)
Expert:  Clare replied 1 year ago.
I am sorry - and I do not wish to confuse you further but in fact you do indeed have a claim.What the section referred to means is that you will not be treated as generously as you woudl have been had it happened within a year

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