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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 have a house with my husband for 10yrs, his name is XXXXX XXXXX

Customer Question

I have a house with my husband for 10yrs, his name is XXXXX XXXXX deeds as he has the mortgage.

I would like to know

can i get half the house automatically if we divorce? or will i have to go to court to contest.

to put my name on the property do i have to jointly own the mortgage debt or can i put on the land registry document as joint owner ?(with husbands consent)

how do i put my name on the deeds of the house
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?
What other assets and debts are there and are there any children involved?
Clare
Customer: replied 3 years ago.
Hi Clare.
House is worth about 300,000 pounds about 90,000 owning on it. I have 3 children 18, 12and 3

My husband and I are still together but I feel I need security on this property.

There are no other asserts ATM. However we r buying another house as a cash purchase.

No other debts

If the house would be automatically mine in his death to split 50/50. I am happy to leave as stands however nobody knows what's round the corner and I feel I need to protect myself and my children just in case

Carolyn
Expert:  Clare replied 3 years ago.
Hi
Where is the money for the other house coming from?
Clare
Customer: replied 3 years ago.

its our savings over the las 21 yrs of marriage


 


Carolyn

Customer: replied 3 years ago.

The new house purchase is in joint names


 


if the house in his name will be split 50/50 without having to go to court in the eventuality of a split then I can leave as is if it does not then i want to know how to put my name on the title deeds? (he agrees with this)



Carolyn

Expert:  Clare replied 3 years ago.
Hi
I am a little confused - if you leave then where will you live?
Clare
Customer: replied 3 years ago.

Sorry Clare
I am not leaving. I meant leave the deeds of the house with just his name on but if i would have to go to court I would want to put my name on the deeds to prevent a court battle. I want to protect my investment and thus protecting my kids

Expert:  Clare replied 3 years ago.
Hi
Given the length of the marriage the starting point for the division of the assets is 50/50 and there is no reason to think that you would not receive it.
You can protect your interest in the property at the Land Registry my Registering your Matrimonial Home rights so that your husband cannot sell or mortgage the property without your agreement
However in the event that your husband dies without making a Will then there could be problems with the Intestacy rules and you and your husband should seek face oi face advice on this
Please ask if you need further details
Clare
Clare and other Law Specialists are ready to help you
Customer: replied 3 years ago.

can u explain briefly what "intestacy rule" is please

Customer: replied 3 years ago.

thanks clare,


I have just looked it up and it is pretty self explanatory.


 


 

Expert:  Clare replied 3 years ago.
Hi
Do please ask if you need further details
Clare