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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33316
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My husband has told my daughter he is going to move out in

Customer Question

My husband has told my daughter he is going to move out in the new year. All our bills, house deeds are in his name and all details have disappeared from the home. Also my husbands and my own passports have gone. Where do I stand?      I also have found details of property details and he is going to see a mortgage advisor today.

Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 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 long have you lived together and how old is/are the child(ren)
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?
Clare
Customer: replied 2 years ago.

We have been married since 1991. The children are 18. 17. And 12. I don't know the current value. But when purchased it was werth 119 thousand. There is no mortgage. My father paid it off a few years ago. Husband has some is as(I don't know value). I have a car which my dad has loaned me the money for. Husband earns approx. 43 thousand and I earn about 3 per year. Lis

Expert:  Clare replied 2 years ago.
Hi
If your father paid off the mortgage why is the property in your husbands sole name?
Clare
Customer: replied 2 years ago.

Didn't think at the time that there would be anything like this happening. Or it would make any difference.

Expert:  Clare replied 2 years ago.
Hi
That is fine
How much is the property worth now (best guess)
Clare
Customer: replied 2 years ago.

Between 250 to 300

Expert:  Clare replied 2 years ago.
Hi
How much does a three bedroom property in the same general area cost to buy - and how much was the mortgage that your father paid off
Clare
Customer: replied 2 years ago.

We had a 75 thousand mortgage and my father paid 50 off it

Expert:  Clare replied 2 years ago.
HI
The first thing you need to do is to register your Matrimonial Home Rights using the form here
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/352448/HR1.pdf
This will ensure that your husband cannot sell or mortgage the property without your knowledge.
You should also tell him that you wish to have your passport returned - otherwise you will report it as stolen
Your husband is under a duty to help you house the children until they are 18.
If selling the matrimonial home would give you enough money to purchase another property AND release some funds to your ex then it is possible that the court would order a sale - if not then the sale will have to wait until your youngest child is 18
In any event the family court is likely to award you a larger share of the equity to reflect the monies paid by your father and the fact that you have the care of the children.
You may also chose to have a larger share of the equity instead of spouse maintenance.
Your ex would still have to pay child maintenance
You shoudl try and discuss all this with your husband using family mediation
www.familymediationhelpline.co.uk
Please ask if you need further details
Clare

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