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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 31768
Experience:  Over 5 years in practice
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I have separated from my husband and now living in his second

Customer Question

I have separated from my husband and now living in his second home. My husband is living in our martrimonial home. My husband is selling the house where I am living.

Can I put a HR1 on the house I am living in or what can I do?
Submitted: 4 years ago.
Category: Law
Expert:  Stuart J replied 4 years ago.
-Could you explain your situation a little more?
Customer: replied 4 years ago.

Thank you, XXXXX XXXXX need an honest answer.


 


I am currently living in my husbands second home after separating from my husband in January 2013. He is selling the property and I wanted to know what my legal rights is to having some ownership or financial settlement on the proceed of the house I occupy as my home.


Thank you.

Expert:  Stuart J replied 4 years ago.




How long were you together for and how long married?

Do you have children? Ages? Who do they live with?



What are the houses each worth and how much mortgage is outstanding?



Customer: replied 4 years ago.

The house I am living in was my home before we married and I sold it to my husband because I was in financial difficulities at a reduced market value.


 


We have been married for nearly 3 years and have no children together.


My husband has a home where we lived together, before separating in January.


 


His home is worth £800,000 with a mortgage of £200,000 and the value of the house I live in is £435,00 with a £171,000 mortgage.


 


 

Expert:  Stuart J replied 4 years ago.

I am going to refer this to another expert for you. Sit tight.

Customer: replied 4 years ago.

Thank you for your help.


 


Kindest regard.


 

Expert:  Stuart J replied 4 years ago.
She isn't online at the mo but will pick this up later. Please don't reply or it pops back into my inbox. Thanks
Expert:  Clare replied 4 years ago.
Hi
Thank you for your question.
How long have you actually lived together?
Claire
Customer: replied 4 years ago.

We lived together properly for 2 and a half years.


 


I bought the property as my main residence in 2008 and sold it to my husband in 2010 after financial difficulties at a reduced market value.


I can put a HR1 on the property so I get my share of the proceeds of the sale. Or what can I do to get my share of the capital when it is sold?


 


 


 


Monica

Expert:  Clare replied 4 years ago.
Hi
Do you wish to remain in the property or is that not financially viable for you?
Customer: replied 4 years ago.

No. The sale is with the solicitors.


I just need to know how I can ensure that I get my share of the equity from the sale.


Thanks

Expert:  Clare replied 4 years ago.
Hi
Where will you live after the sale and are you planning to issue divorce proceedings?
Claire
Customer: replied 4 years ago.

I have another property, where I will live, which I remortgaged to buy this house originally. And still have a very large outstanding debt, so would like some of the share of the capital from the property to pay some of it back.


 


We are having a Separation Agreement.

Customer: replied 4 years ago.

I have another property, where I will live, which I remortgaged to buy this house originally. And still have a very large outstanding debt, so would like some of the share of the capital from the property to pay some of it back.




 




We are having a Separation Agreement.


Expert:  Clare replied 4 years ago.
Hi
Have the terms of the agreement been determined?
Does your ex agree that you will have a share of the capital?
Claire