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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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Hi Clare, can I ask you a question?

Resolved Question:

Hi Clare

My Wife & I are going through an amicable divorce using one of the on-line divorce sites.

I received the D8 & D10 form yesterday & have a question about Question 5:-

Do you consent to a decree being granted.

The answer is yes, but on the D8 form it states that I understand that “any matrimonial home rights you may have under Part IV of the family Law Act 1996 will cease unless the Court has ordered otherwise before the decree is granted;”

The house is in joint names as is the mortgage, my concern is if the divorce is issued before the house sale completion then would I lose my right to stay at the house until the sale of the property.

As I have said the divorce is amicable & we have just sold the house & arranged all the finances, but my concern would be if my spouse had a problem obtaining a mortgage & therefore the house sale could not go through. There is no history of domestic violence.

Regards,

Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is ***** ***** I will do my best to help you
Please do not worry.
That would only be a concern for you if your were NOT a joint owner of the property
Since you are a joint owner your right to live in the property will survive the divorce
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 2 years ago.

Thanks, ***** ***** that but just wanted to check.

Expert:  Clare replied 2 years ago.
Hi
Always best!
Clare
Customer: replied 2 years ago.

One more question promise:

Question 8. Have you received a copy of the Statement of Arrangements for the child(ren)?

My answer is NO, presumably due that it is all amicable & is discussed in the next stage of the divorce. Is this correct?

Expert:  Clare replied 2 years ago.
Hi
If you have children under 18 still in full time education there should be a form setting out those arrangements - a D8A - with the petition
Clare
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