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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34585
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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How do I stand if my husband and I divorce or dies, as on

Resolved Question:

How do I stand if my husband and I divorce or dies, as my name is ***** ***** the mortgage and have not paid towards it for years having temporarily separated when we were first married and taken my name off the mortgage, which my husband paid me a sum of £5,000 ,not realising would get back together again
Submitted: 1 year ago.
Category: Family Law
Expert:  Harris replied 1 year ago.

Hi, thank you for your question. Please confirm:

-Does your husband have a will?

-Do you have children together?

-Did you divorce when you separated?

Expert:  Clare replied 1 year ago.

My name is ***** ***** i have been a solicitor for more than 30 years.

Since you resumed living with your husband after the early separation you have matrimonial home rights in the property which you can register using an HR1 available here

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/545433/HR1.pdf

In the event of your husband's death if he has not made a Will then you will inherit the first £250,000 of the estate in any event - and if he has made a Will that excludes you then you will be able to make a claim against the Estate for a share of the assets

In the event of a divorce you will still be entitled to a share of the equity - the amount will depend on how long you have lived together since the reconciliation

I hope that this is of assistance - please ask if you need further details

Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34585
Experience: I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
Clare and other Family Law Specialists are ready to help you
Customer: replied 1 year ago.
Hi Clare
Thank you for your response to my question re: mortgage and rights you answered yesterday, my husband made a will when we brought the house in 1996 but I am unaware of if he changed it when we separated in 1998, we lived apart for 6 months when I returned in 1999 we have been together living in the house having not divorced, we have had two children who are now teenagers, also if I were to pay a amount to go back on the mortgage would this make any difference or is this not possible? This has become more prominent as I lost my mum a couple of months ago and sorting out her estate so may have a couple of questions on that too.
Thank you Stella Woodward
Expert:  Clare replied 1 year ago.

You have no need to do anything to protect your position financially - but t would be sensible to address the issue of the Will, and also to discuss you being added to the Title deeds (and the mortgage) to ensure that in the event of his death dealing with the estate would be easier