Hi, thank you for your question. If the property is the matrimonial home then you have matrimonial home rights by virtue of the marriage. This entitles you to occupy the property until divorce and you can register this right on the title using form HR1 with the land registry. Your husband will be notified that you have registered your home rights and this will delay or possibly prevent a sale without your knowledge.
You will both need to provide each other with full and frank financial and income disclosure, as well as disclosure of your reasonable needs. The Court's starting point is a 50-50 split of all matrimonial assets and ensuring that both your needs are met in relation to both assets and income. The criteria considered is:1. The income, earning capacity, property and other financial resources which each of the parties to the marriage has or is likely to have in the foreseeable future, including in the case of earning capacity any increase in that capacity which it would in the opinion of the court be reasonable to expect a party to the marriage to take steps to acquire;2. The financial needs, obligations and responsibilities which each of the parties to the marriage has or is likely to have in the foreseeable future;3. The standard of living enjoyed by the family before the breakdown of the marriage;4. The age of each party to the marriage and the duration of the marriage;5. Any physical or mental disability of either of the parties to the marriage;6. The contributions which each of the parties has made or is likely in the foreseeable future to make to the welfare of the family, including any contribution by looking after the home or caring for the family;7. The conduct of each of the parties, if that conduct is such that it would in the opinion of the court be inequitable to disregard it;8. In the case of proceedings for divorce or nullity of marriage, the value to each of the parties to the marriage of any benefit which, by reason of the dissolution or annulment of the marriage, that party will lose the chance of acquiring.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 using the stars at the top of this page. I will not be credited for answering your question without a positive rating. Thank you
I hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for your question without a positive rating. Thank you.
How long have you been married and when was the property rented out? When was the last time you occupied it as the matrimonial home?
Thanks for confirming. From your information it would appear that the property will not be considered the matrimonial home as it was not the most recent property you have lived in as a family therefore you will not be able to use form HR1 to register home rights, however you will be able to register a unilateral notice using form UN1 as you clearly have an interest both due to your contributions and as part of a financial settlement alongside the divorce.
Apologies for the delay in responding. You do not have an automatic right for your contribution to be returned to you as the first thin the court will need to consider is both of your needs and then contributions will be looked at, given that the marriage is not extremely long. Furthermore, as part of the marriage he does not have a duty to employ you and the court will likely agree that your needs are higher if you have no employment.
I hope this assists you further. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for your question without a positive rating. Thank you.
How much were the debts and what were they for?
Thank you. Given the length of the marriage a court can be persuaded that your contribution to his debt should be repaid, but it will be taken into context with the rest of the needs of both of you as previously outlined.