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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I own a property jointly with my estranged husband, who has

Resolved Question:

I own a property jointly with my estranged husband, who has not lived at the property for a period of 12 months. There is no possibility of a reconciliation but I wish to remain in the property for the short to medium term. What are the extent of his rights in the property following his exit. Also, a car registered in his sole name is ***** ***** on the property and is obstructing my access. Do I have the right to have it removed?
Submitted: 3 years ago.
Category: Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
How much is the house worth and how much is outstanding on the mortgage?
How long have you lived together and are there any children?
What other assets and debts are there and what income do you each have?
What is the car obstructing access to?
Clare
Customer: replied 3 years ago.

Thank you Clare. In answer to your queries:

The house is worth approximately £190k. Mortgage outstanding approximately £125k. Secured loan on house taken out in joint names and paid by me. No other assets. I cannot confirm my husbands income but would estimate £22k pa, my salary is £42k pa. We have one child who lives with me. The car is parked on our drive and i am unable to park my car there. I have recently had an operation on my shoulder and i am currently on sick leave. The car is untaxed and i understand uninsured.

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Customer: replied 3 years ago.

We have lived in the property for 11 years. A number of debts were incurred in my sole name in respect of property repairs and maintenance. I also paid for the car currently registered in my husbands name and since the split have had to enter a debt management plan to clear the debts.

Expert:  Clare replied 3 years ago.
Hi
How old is the child and how much are the debts
Clare
Customer: replied 3 years ago.

Nine years old. Secured loan £14000, unsecured £13,500

Customer: replied 3 years ago.

Nine years old. Secured loan £14000, unsecured £13,500

Expert:  Clare replied 3 years ago.
Hi
The priority of the Family Court within the finances is the safe and secure housing of the child until the child is 18
Accordingly your ex will not be able to force the sale of the property until then - unless you cohabit in the mean time
When it is sold you are likely to get 60% of the equity to reflect the fact that you have had to maintain the property and care for the child.
However your ex retains the right to return to the property unless and until there is an Order changing this either as a result of violence or as part of a final financial order within divorce proceedings
With regard to the car you cannot dispose of it at present - but this can be dealt with as part of the financial settlement.
It would be sensible to try and discuss matters with your ex using Family mediation (www.familymediationhelpline.co.uk)
i hope that this is of assistance - please ask if you need further details
Clare
Clare and other Law Specialists are ready to help you
Customer: replied 3 years ago.

Am I able to change the locks on the house in order to ensure that he only enters the house when I am there?

Expert:  Clare replied 3 years ago.
Hi
No I am afraid that he is entitled to come and go as he pleases - unless you lose your keys in which case of course you will need to change the locks - and give him a key if he asks
Clare
Clare and other Law Specialists are ready to help you