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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2851
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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Do I have any rights to stay in family home which is owned

Resolved Question:

Do I have any rights to stay in family home which is owned by my in laws. No documents to say a rent. I want leave my husband . In laws refuse write letter to throw me out. I have 3 children under 8.
Submitted: 1 year ago.
Category: Family Law
Expert:  Harris replied 1 year ago.
Hi, thank you for your question. Just a bit more information required to provide you a full answer:-Are there any formal agreements regarding you occupying the property, such as a tenancy agreement?-Are you the main carer of the children?-Do you and your husband have any other properties?-What is your income position and what is your husband's income position?
Customer: replied 1 year ago.
There are no tenancy agreements. I am the main card giver. My youngest had just started school last Sept. I have no income and my husband earns around £25.000 . He works full time.
Customer: replied 1 year ago.
No we do not own any other properties.
Expert:  Harris replied 1 year ago.
Thank you - are you certain it is fully owned by your in-laws, and that your husband is not registered on the title? I would suggest you check this, and it can be done for £3 on the land registry website here: https://www.gov.uk/search-property-information-land-registryOnce you have searched for the property, you need to request the Title Register. This will detail who is registered on the title of the property. Please let me know what it states when you obtain it - as it is necessary to provide you a full answer.
Customer: replied 1 year ago.
I have purchased the title deeds. My in laws are the only owners on title. They paid full cash purchase in March 2007.
Expert:  Harris replied 1 year ago.
Thank you for confirming. This puts you in a difficult position as your husband has no legal interest in the property your in-laws are allowing you to live there without paying rent, you will likely be treated as an "excluded occupier" which gives you very little rights. Your in-laws will be able to evict you by giving you reasonable notice and unfortunately there will not be much you can do to stop this. If this does happen, you will need to immediately present to your local authority housing office and make an application for homelessness. As you have two young children in your care you will be classed as primary need, and it is likely that they will agree that they should assist with accommodating you. If you do decide to separate, you will be able to apply for child maintenance and this is calculated on your husband's gross income - I have calculated this to be £66 per week if the children stay over with him 1-2 nights per week on average. Further to this, if you pursue a divorce, you will be able to make a claim for spousal maintenance to meet you needs. If you have any further questions regarding this please let me know. In the meantime if you found this information helpful please provide a positive rating. I will not be credited for answering your question without a positive rating. Thank you
Customer: replied 1 year ago.
Thank you for your quick responses. I am clearer now on my rights and what I can do to move on.
Expert:  Harris replied 1 year ago.
No worries - hope it goes well. If you found my information helpful please rate positively as I will not be credited for answering your question without a positive rating.
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