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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34105
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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My husband left the family home. We have been married

Resolved Question:

Hi,
My husband left the family home. We have been married for nearly 9 years. Half of our savings is on his personal account. I' m a stay home mum. The house is in his name. What are my rights and is there any thing I need to do to protect my and my children interests?
Many thanks
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year ago.
HIThank you for your questionMy name is ***** ***** do my best to help you but I need some further informtaion firstHow long have you lived together and how old are the Children?How much is the house worth and how much is outstanding on the mortgageWhat other assets are there and what income do you each have?
Customer: replied 1 year ago.
We lived together for around 10 years, married for nearly 9 years
Our children are 4 yrs and 18 months
I believe the house is worth around £850k
The mortgage is around £380
We have some shares for the company he works £300k pre tax and around 60 k savings
His salary is 125k year
Customer: replied 1 year ago.
Plus this year bonus coming up that goes straight to his personal bank acc
Expert:  Clare replied 1 year ago.
How much would a cheaper three bedroom house in the same school area cost to buy?
Customer: replied 1 year ago.
£750k
Expert:  Clare replied 1 year ago.
Di you wish to remain in your current home?
Customer: replied 1 year ago.
Yes.
Expert:  Clare replied 1 year ago.
My apologies - i missed your reply!The fact that the property is in his sole name is ***** ***** problem - you have Matrimonial Home Rights in the property - giving you the right to live there so long as you are married - and a financial claim on the equity.You can Register your Matrimonial Home Rights at the Land Registryhttps://www.gov.uk/government/uploads/system/uploads/attachment_data/file/490269/HR1.pdfWith regard to the financial position the priority for the family court is the safe and secure housing of the children until they are 18 so you can live there until then - or until you cohabit.When the house is sold the starting point for division of the equity is 50/50 - although you may receive a larger share instead of a share of other assets or his pension.He will also need to pay child maintenance at 16% of his gross income (at most) and possibly Spouse maintenance as well.Please ask if you need further details
Customer: replied 1 year ago.
Thank you for your response. Would all the savings and other assets be equally divided? 50/50?
We are not filling anything yet and I'm under the impression that he would remortgage the house and get some of the cash to by another place.
Many thanks
Customer: replied 1 year ago.
Also, can I register my matrimonial home rights at any point or only when we start filling a separation or divorce?
Expert:  Clare replied 1 year ago.
50/50 would be a starting point - but I would expect you to receive a larger share of the house rather than a share of the Company - and there should be no question of a remortgage on the property - so register your rights as soon as possible!
Customer: replied 1 year ago.
Great! Thank you for your advice.
Expert:  Clare replied 1 year ago.
You are most welcome - I hope all goes well
Clare and other Family Law Specialists are ready to help you

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