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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33276
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My husband brought our house in June 2007, we lived there until

Customer Question

My husband brought our house in June 2007, we lived there until April 2012 when we decided to rent same and rent somewhere smaller to cut my husband's expenditure down. I under my solicitor's advise took a charge out on the matrimonial home in October 2011. We moved into a rental small two up and two down cottage. The rent from our matrimonial home i.e. £1,500.00 is supporting the interest only mortgage on the matrimonial home and paying the rent on this very small cottage. However due to my husband's long affair we are now divorcing. The tenancy on the matrimonial home is up on April 13th 2013. My soon to be ex husband has told the tenants they can re new this agreement, I on the other hand wish to go back to the matrimonial home. Unfortunately my soon to be ex husband is refusing this. His objections are the matrimonial home is too large for one person, coupled with which the bills are too large. My soon to be ex husband is prepared to have this property empty when the tenant leaves on 13th April 2013 then for me to return. Your comments would be much appreciated regarding my rights on this property.
Submitted: 3 years ago.
Category: Law
Expert:  Clare replied 3 years ago.
Hi
Thanks for using JustAnswer. My name isXXXXX will do whatever I can to answer your question.
How much is the house worth and how much is outstanding on the mortgage?
What other assets and debts are there and how much do you each earn?
How long have you lived together and are there any children involved?
Claire
Customer: replied 3 years ago.

There is a £2500.00 interest mortgage on the house. The house was brought for £500,000.00 but is only worth now about £450,000.00. My soon to be ex husband had three care homes which are hugely funded by the RBS Bank. I earn no money. As to what he earns I really have no idea. Until full disclosure is provided I will never know. But I didn't ask this question I just asked about my rights to return to the matrimonial home.

Expert:  Clare replied 3 years ago.
Hi
How would you cover the mortgage if you move back?
Claire
Customer: replied 3 years ago.

My ex husband has been paying the mortgage and will continue to do so until the house is sold. There is no children of the marriage.

Expert:  Clare replied 3 years ago.
Hi
has he said that he is willing to continue to pay the mortgage if you return to the property - or would he stop the payments to prevent this?
Claire
Customer: replied 3 years ago.

He will continue paying the mortgage. The charge I put on the property means my ex husband cannot sell the property nor can he take out any further borrowings on this property.

Expert:  Clare replied 3 years ago.
Hi
Were you named on the tenancy agreement with your ex?
This is important when it comes to terminating the tenancy?
Claire
Customer: replied 3 years ago.

The tenancy agreement at the matrimonial home was in my ex husband's name as is this one here. I have just received an email from the tenant's at the matrimonial home to say they will be vacating the premises at the end of the tenancy agreement which in on April 13th 2013.

Customer: replied 3 years ago.

The tenancy agreement on the matrimonial home is in my ex husband's name as is this one here. I have just received an email from the tenant at the matrimonial home and they will be leaving this property when the tenancy expires on 13th April 2013.

Expert:  Clare replied 3 years ago.
Hi
That is good news.
You are entitled to return to your matrimonial home and to live there whilst the financial negotiations continue.
Your only risk is if he stops maying the mortgage (which I know you are sure he will not do)
You should also arrange to register your Matrimonial Home Rights on the property as soon as possible
Claire
Customer: replied 3 years ago.

My husband is refusing to allow me back in the matrimonial home even though I have the charge against this home under the Matrimonial Homes Act taken out in October 2011. My solicitor has advised me that I can't go back there without my husband's consent, I am seriously thinking of changing my solicitor as I feel he is not working for me!! You told me that I could go back to the matrimonial home whilst financial details are sorted out, who is RIGHT?

Expert:  Clare replied 3 years ago.
Hi
Has he said why you cannot return to the matrimonial home?
Claire
Customer: replied 3 years ago.

No reasons but obviously he wants to keep me out. What next?

Expert:  Clare replied 3 years ago.
Hi
No I meant dis your solicitor say why he thought you could not get an order allowing you to return to the property?
Claire
Customer: replied 3 years ago.

I'm really not sure a part from I may have to go to court to allow me back in to the property.

Expert:  Clare replied 3 years ago.
Hi
If you do not have a key then yes you will need an order -but there should be little problem in obtaining this
Claire
Clare, Solicitor
Category: Law
Satisfied Customers: 33276
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
Clare and other Law Specialists are ready to help you
Customer: replied 3 years ago.

Yes I have a key! Please advise my next course of action asap

Expert:  Clare replied 3 years ago.
Hi
So long as you do not have to break in then you can wait until the property is empty and simply move in
Claire
Customer: replied 3 years ago.

Not doubting you but why can't my solicitor see this!!! I am at my wits end regarding all this. You say one thing thing and my solicitor to whom I am paying a afford to is saying another!! I need help what do you advise?

Customer: replied 3 years ago.

Not wanting to doubt you Claire but are you sure? Why is my solicitor not saying the same thing? I am very worried, upset and have conflicting views!

Expert:  Clare replied 3 years ago.
Hi
Ask him why you cannot move in bearing in mind that you have a key - he may not have realised that you do
Claire
Customer: replied 3 years ago.

My solicitor knows I have a key

Expert:  Clare replied 3 years ago.
Hi
Then I do not know why he is saying that you should ask your husbands permission.
You are moving back into the Matrimonial home.
Yes your ex can object but once you are in there he cannot get you out.
However as I warned you he could then simply refuse to pay the mortgage whilst you are living there which could make your position worse
Claire

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