Welcome to Just Answer
I am a Solicitor and will assist you.
I am sorry to hear about the difficulties you are going through with your wife.
Please may I ask:
- what if the equity in your house?
- are there any other matrimonial assets including pensions?
- how many bedrooms is the house?
Thank you for confirming that for me.
You do need to register a Matrimonial Homes Rights Notice with the Land Registry to protect your right of occupation.
This is the form that you need:
If you complete the form and send it to your local land registry then it will be registered within a couple of days.
The land registry do not charge for this application.
These are the contact details for the Land Registry so that they can tell you were to send the form:
In respect of the matrimonial finances - if either of you commenced divorce proceedings then this would allow either of you to make a claim in respect of the matrimonial finances.
In the event this was to happen then the court would consider the housing needs of a child. Given that there is significant equity in your property and 4 bedrooms could be argued to be surplus to your sons needs - a court consider that your sons housing needs can be met in a smaller property. I know this isn't what you want to hear but I think you need to know this.
You could agree with your wife to defer dealing with the matrimonial finances until your son is 18. Family mediation is a useful service to help with negotiations. There are lots of family mediation services and there will be one local to you. If you google family mediation in your area you will find a local service.
Let me know if I can help you further
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