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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33325
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Hello. I am married and have 2 small children. I am wanting

Resolved Question:

Hello. I am married and have 2 small children. I am wanting to leave my husband but obviously need time to get somewhere to go etc. he's saying I need to leave now. Do I have rights to stay?
I am not sure if my name is XXXXX XXXXX mortgage or not and will this affect anything.
Submitted: 3 years ago.
Category: Law
Expert:  Stuart J replied 3 years ago.
Thank you for your question here on Just answer. It is my pleasure to try and assist you with this today. Please bear with me if I need to ask for any further information from you in order for me to be able to advise you fully. My name isXXXXX and I am a practising solicitor. I have been an expert on this website in UK law since 2008. During that time, as you appreciate, I have answered thousands of questions from satisfied users on a variety of subjects.

Because we are all in practice with clients and court and other users, I might not always respond in minutes, particularly evenings and weekends. Please bear with me in that case. I will be online and off-line all day most weekdays and weekends.

Did you contribute to the purchase price of the property?
Customer: replied 3 years ago.
No. His parents gave us the deposit for the house and we have been paying mortgage for the rest.
Expert:  Stuart J replied 3 years ago.

How long have you been married and how long were you together before you were married?

 

How old are the children ?

what is a house worth?

mortgage ?

 

Why is he so desperate for you to leave now?

 

Customer: replied 3 years ago.
We've been married a year at end of month.
I have a 10 wk old and a 3 year old.
The house is worth 150,000, we got a mortgage for 100,000.
He's turned nasty because I said I want out so he said i can take my clothes and leave. I can't just leave straight away as there is all the children's stuff to get together and I'm not leaving without them.
Expert:  Stuart J replied 3 years ago.

How long together before married?

How long in the house together?

 

Customer: replied 3 years ago.
Together 4 years before then
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question
My name is XXXXX XXXXX I shall do my best to help you.
As you are married you have an absolute right to remain in the property so long as you are married - unless there is a court order excluding you as a result of violence
In fact you also have a clear financial claim on at least 50% of the equity - and in the event f a court dispute it is you and the children who would remain in the property - not your ex.
If he does try and throw you out then you can apply for an order allowing you and the children to live there and excluding him.
You can register your interest in the property using this form
http://www.landregistry.gov.uk/_media/downloads/forms/HR1.pdf
I hope that this is of assistance -please ask if you need further details
Claire
Clare, Solicitor
Category: Law
Satisfied Customers: 33325
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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