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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33324
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My wife and I are getting divorced. Three years ago we bought

Customer Question

My wife and I are getting divorced. Three years ago we bought a house, because I had owned a property before and to avoid stamp duty costs we decided not to put myself on the mortgage. I have paid half for everything, however now that we are separating she wants me to move out because she says its her house. If I move out will I lose my right to claim half of the property.

Thank you for your help.

Lee
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare and I will do my best to help you but I need some further information first.
How long have you lived together?
How much is the house worth and how much is outstanding on the mortgage?
What other assets and debts are there and what income do you each have?
What contact do you have with your son?
Clare
Customer: replied 2 years ago.

We have lived together for 6 years. The house value is £115000, we bought it for £104000 there is 20 years left on a mortgage of £83000.


 


I have had limited to no contact with my son since the 21st of December 2013. I've seen him for 3 days in total, its like supervised visits, she won't let me take him to my parents or have him on my own because she's very controlling, this is one of the reason for our seperation.


 


I earn £24500pa and my wife earns £29700pa. I'm and teacher and she is a Nursing Sister.

Expert:  Clare replied 2 years ago.
Hi
You retain a clear financial claim on the Matrimonial Home whether you are living there or not.
You will not be able to force a sale of the property until your son is 18 (or your ex co-habits) BUT if she sells then given her income she shoudl be able to afford a two bedroom property with a mortgage and release some of the equity to you as well - although she is likely to get at least 60% of it to help rehouse the child.
The child is entitled to regular contact with both parents and the courts WILL enforce this - so negotiating a proper arrangement should be a high priority - and the more contact you have the more likely it is that you could prevent her from moving that far away if you wished to do so
I hope that this is of assistance - please ask if you need further assistance
Clare
Customer: replied 2 years ago.

If I move out and and we divorce will I lose my claim on the house because I'm not on the mortgage and therefore not on the deeds?

Expert:  Clare replied 2 years ago.
Hi
No because within the divorce proceedings you can make the claim for financial matters to be dealt with
However if you do not do so and then re-marry - then you will lose your claim
Clare

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