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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2544
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I am separating from my husband of 5years, we have been

Resolved Question:

hello, I am separating from my husband of 5years, we have been together for 9 years altogether. We purchased a property but the mortgage and deeds are in his name but I gave him the 30,000 pounds deposit. I need to know where i stand in the eyes of the law as far as the equity in the house when it is sold? I also need to know if there is anything I can do to stop the house being sold until finances are agreed through mediation?
Submitted: 10 months ago.
Category: Family Law
Expert:  Harris replied 10 months ago.

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.

Customer: replied 10 months ago.
Thank you! I am in the process of registering my home rights but the property is being rented out at the moment & he will not allow me to move back in. Are my rights the same? Also the 30,000 was some of my settlement from a previous marraige, so I thought I might be entitled to all of that back after the 50:50 split?
Expert:  Harris replied 10 months ago.

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?

Customer: replied 10 months ago.
We bought the house in May 2008 and lived in it until it was rented out in sept 2013. We were married in May 2011 and separated may this year.
Expert:  Harris replied 10 months ago.

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.

Customer: replied 10 months ago.
You still haven't mentioned whether I'm would be entitled to get the whole 30,000 back that I paid for the deposit? I have also worked for my husband in the business since 2008. I am a PAyE employee but he doesn't want me working in the office & won't allow me to work remotely but is still paying me at the moment. He is trying to force me to get another job but I'm building up a business as a hypnotherapist and as I now have to move and start again in a new place. Where would I stand with this?
Expert:  Harris replied 10 months ago.

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.

Customer: replied 10 months ago.
What about debts I have paid off for him?
Expert:  Harris replied 10 months ago.

How much were the debts and what were they for?

Customer: replied 10 months ago.
163;8412.57 I paid off a charge on his ex wife's house!
Expert:  Harris replied 10 months ago.

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.

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.

Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2544
Experience: Family Law - Specialist in Divorce, Financial Relief and Children Matters
Harris and other Family Law Specialists are ready to help you
Customer: replied 10 months ago.
Brilliant thank you so much! It has been really helpful!

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