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ukfamilysolicitor
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 1096
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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My married brother lives in a house owned by his wife (mortgaged

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My married brother lives in a house owned by his wife (mortgaged to a bank).She has just kicked him out due to a series of arguments.He contributes to mortgage and bills etc - can she just throw him out?
Submitted: 1 year ago.
Category: Family Law
Customer: replied 1 year ago.
To be clear - they lived in the property together (until he was told to leave.....)
The house is up for sale and an offer accepted although unclear whether any paperwork has been signed. Does my brother have any entitlement to any residual sale proceeds and should he take any steps to register any interest in the property? H e will not be named in any deeds etc. There will be equity from the sale and he would like to know where he stands. His wife has a poor credit history and I understand that there are loans/overdrafts in my brothers names which he would like settled by his wife if the sale proceeds, however this was I believe the point at which he was told to leave the property. He does not feel that she will make any attempt to either repay him or service any outstanding loans as they won't (other than the mortgage) be in her sole name
Expert:  ukfamilysolicitor replied 1 year ago.
Hello Welcome to Just Answer I am a Solicitor and will assist you. Please may I ask: - is divorce contemplated by your brother?- what is the equity in the house?- what are the other matrimonial assets including pensions?- so they have minor children?- is the matrimonial home in the wifes sole name? Kind Regards Caroline
Customer: replied 1 year ago.
HelloIn order:- very early days but that may well be the case
- approx. £80K
- pensions/a car each (albeit both currently registered in my brothers name and I believe loans are in his name due to poor credit history of his wife) - can't think of anything else
- no: her youngest child is 21 and does not live at home
- yesThanks
Expert:  ukfamilysolicitor replied 1 year ago.
Hello Thank you for your response. Your brother does have a right to reside in the matrimonial homes even though the house is not in his name. Your brother can register a Free Matrimonial Homes Rights Notice with the Land Registry to protect his occupation using this form: https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/490269/HR1.pdf This will prevent his wife from being able to conclude the property sale - if this has not yet happened and if this is what he wants to do. If your brother choose to divorce (or his wife did) then either of them could make a claim in respect of the matrimonial finances. This would include all matrimonial assets including the equity in the house. If divorce is not yet contemplated and your brother allows the sale to finalise - whilst the monies received by the wife would still count as a matrimonial assets for later division up divorce - be mindful that if she dissipates the money - then he would have difficulties in trying to include an assets she no longer has. Family mediation - is a good idea either in respect of the matrimonial finances or a separation agreement. Please do not hesitate to ask if i can clarify anything for you. Kind Regards Caroline Please kindly remember to star rate our service so that we receive credit for helping you today
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