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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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Hello my husband and i are still married but living in diff

Resolved Question:

Hello my husband and i are still married but living in diff rooms in the home for 8 wks , H wants a divorce but not started any thing yet.can he sell to a family member his half or the hole home without my say so , will i lose my home and can he kick me out .
many thanks mandy
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.
Is the house held in joint names?
How much is it worth and how much is outstanding on the mortgage?
Are there any children involved?
Clare
Customer: replied 3 years ago.

Hi


The House is in joint names its woth about £250.000 we have left to pay about £98.000 on the morgateg


and no children as both left home ages 21yrs old & 22 yrs old


Mandy


 

Expert:  Clare replied 3 years ago.
HI
Are there any other assets and how much do you each earn?
Clare
Customer: replied 3 years ago.

Hi Clare,


We both have are own cars,


He earns about £450 -£600 per wk ,take home .


I earn about £1100. per mth.


Mandy

Expert:  Clare replied 3 years ago.
Hi
Please do not worry - he cannot sell the property to family or anyone else without your knowledge and agreement - and if he did purport to do so then the Transfer would be set aside anyway
Neither can he force you to leave the matrimonial home - unless you are violent - and if he tries to exclude you you will be able to get an order excluding him instead!
The starting point for division of the equity is 50/50 but you may be entitled to slightly more since you earn considerably less than your ex
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 3 years ago.

Hi


can he give his half away to family or friends then get it back after we divorce .


Thanks Mandy

Expert:  Clare replied 3 years ago.
Hi
No that is not possible either
Clare
Clare and other Law Specialists are ready to help you
Customer: replied 3 years ago.

Thank you very much for putting my mind at rest and all your help .


Mandy