How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
13262538
Type Your Family Law Question Here...
Clare is online now

How can I stay in the Matrimonial Home? Does he has to move

Customer Question

How long can I stay in the Matrimonial Home? Does he has to move out during the divorce?
Submitted: 1 month ago.
Category: Family Law
Expert:  Clare replied 1 month ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

Where were you living prior to moving in with your husband?

Customer: replied 1 month ago.
My own home
Customer: replied 1 month ago.
Can you check the HR1 Form for me?
Expert:  Clare replied 1 month ago.

Was your old home rented or owned?

Yes it you send the form I will look at it

Customer: replied 1 month ago.
33545;
Customer: replied 1 month ago.
Form sent.
Expert:  Clare replied 1 month ago.

Not received I am afraid

Customer: replied 1 month ago.
I lived in my own home which was bought with my son jointly. I moved to my husband house for 1 year then we moved in to a house which he paid and in he name only for 1 year then we got married. We have married for 4 years now. He has mental health problem and now may want to divorce. He is 63 and I am 60 years old. I wonder during divorce I have Home Right to stay in the house. Can I ask him to move out? Can I add my name on the property? My contribution is paying house hold bills and look after him.
Customer: replied 1 month ago.
I attach the HR1 form again . pls complete the rest of the form for me.
Expert:  Clare replied 1 month ago.

How many properties do you have?

Customer: replied 1 month ago.
I only have one property which was joined name with my son then later after changed to be my own name we married in order to be able to remortgage.
Customer: replied 1 month ago.
Why do you only ask questions but not answer my questions?
Expert:  Clare replied 1 month ago.

I am trying to understand why your form refers to two different properties - see question 9

am making sure i understand your position so that I can give the the correct answer

Are you saying that you and your husband each own a property?

Customer: replied 1 month ago.
My husband own 3 properties and I own one property.
Customer: replied 1 month ago.
Sorry it should be: "I only have one property which was joined name with my son then later after my husband and I got married changed to be my own name in order to be able to remortgage".
Customer: replied 1 month ago.
I need the HR1 form to be sent out urgently. Please completed the form for me.
Expert:  Clare replied 1 month ago.

Right

At Question 4 there is no fee to pay so do not tick a box at all

At Question 7 - put in the address that you wish to use for correspondance

At Question 9 the answer is no so remove the other details and ticks

Then sign the form and send it off

You cannot force your husband to move out unless he is violent towards you I am afraid

Related Family Law Questions