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ukfamilysolicitor
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 855
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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My wife left me at the weekend after 26 years of marriage

Resolved Question:

Hi my wife left me at the weekend after 26 years of marriage and is determined not to come back. We have 15 and 21 year old boys. The mortgage on the house is in my wife's name due past financial problems we both had. Where do I stand can she make me leave or sell the house. My concern is about the boys, but mainly the 15 year old. I am willing to stay and pay all bills and mortgage like I have done for 26 years in the house up until he is 18. Do I need to do a Land Register thing ? Any advise would be very much appreciated. Nick
Submitted: 1 year ago.
Category: Family Law
Expert:  ukfamilysolicitor replied 1 year ago.

Hello Nick

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?

Kind Regards

Caroline

Customer: replied 1 year ago.
Equity is around £200,000
My wife has a pension.
4 Bedrooms
Customer: replied 1 year ago.
Expert:  ukfamilysolicitor replied 1 year ago.

Hello Nick

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:

https://www.gov.uk/government/publications/notice-of-home-rights-registration-hr1

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:

https://eservices.landregistry.gov.uk/contactus.html

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

Kind Regards

Caroline

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