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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2821
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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My wife and i were married in 2009, we had two children

Customer Question

Hi,
My wife and i were married in 2009, we had two children and bought a house with a deposit from her grandmother's inheritance, because i was just recently self employed i was not able to get a mortgage, so the house is in my wife's name, but I've been paying the mortgage for the last 6years, we have now recently separated, and my question is do i have any rights over the property?
Regards Emeric
Submitted: 1 year ago.
Category: Family Law
Expert:  Harris replied 1 year ago.
Hi, thanks for your question.
Please confirm that you are in England?
As a first point, inheritance is not usually considered a matrimonial asset however, in your case as this was used to fund the purchase of the matrimonial home it will be considered. You have matrimonial home rights, despite the property being only in your wife's name.This means that you have a right to occupy the property and also to apply to the Land Registry under Form HR1 to register the rights on the title - this basically puts a charge on the property registering your rights and will be seen by any potential buyers to prevent or delay any sale. Your contributions will also be taken into account and give rise to a claim for a share of the property.
As part of the divorce you will need to reach a financial settlement, initially this should be attempted either through negotiations or mediation (you can find independent mediators here: familymediationcouncil.org.uk If a settlement is agreed this can be submitted to court under a consent order (together with a D81 form outling your respective financial positions) once the Decree Nisi is granted for the court to assess whether it is a fair settlement for everyone.
If this does not progress you should then proceed with an application to court under Form A for financial relief. This would include consideration of all your assets and financial position, as well as your needs, as well as his financial position and needs and the court will decide what is fair when considering the following criteria:
1. The income, earning capacity, property and other financial resources which each of the parties to the marriage has or is likely to have in the foreseeable future, including in the case of earning capacity any increase in that capacity which it would in the opinion of the court be reasonable to expect a party to the marriage to take steps to acquire;
2. The financial needs, obligations and responsibilities which each of the parties to the marriage has or is likely to have in the foreseeable future;
3. The standard of living enjoyed by the family before the breakdown of the marriage;
4. The age of each party to the marriage and the duration of the marriage;
5. Any physical or mental disability of either of the parties to the marriage;
6. The contributions which each of the parties has made or is likely in the foreseeable future to make to the welfare of the family, including any contribution by looking after the home or caring for the family;
7. The conduct of each of the parties, if that conduct is such that it would in the opinion of the court be inequitable to disregard it;
8. In the case of proceedings for divorce or nullity of marriage, the value to each of the parties to the marriage of any benefit which, by reason of the dissolution or annulment of the marriage, that party will lose the chance of acquiring.
Please let me know if you have any further questions regarding this.
Expert:  Harris replied 1 year ago.
Hi, this question remains open. Please rate my response positively if you found it helpful - I will not be credited for answering this question without a positive rating. Thank you!