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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33293
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I married my wife on the 31st March 2013. I had lived with

Customer Question

I married my wife on the 31st March 2013. I had lived with her 4 years prior to us getting married. On the 1st of September 2014 she kicked me out and has since started divorce legal proceedings under unreasonable behaviour. Anyway the question that i want answered is as follows. She owned the property years before i met her approx 7 years. However once we got together and married i spent around £40,000 on renovating the property, i have managed to find around £25,000 of receipts. The works which i carried out included, new central and plumbing system, all woodwork, flooring both carpet and wood, decorating throughout, new fitments , landscaped the garden, decking, basic electrical work, bedroom furniture and living room furniture i also paid her £500 per month toward the mortgage. She is now saying that it is her house, her things, in her name and i have to walk away with nothing. I am now in rented and in my 50's and cannot afford to lose the money which was my savings. Please can you tell me how to put a charge on the property under a HR1. I am getting very confused as to the correct route to go to put a charge on her registered land property. Any advice?

Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year ago.

Thank you question.

I will do my best to help you but I need some further information first.
How much is the property worth and how much is outstanding on the mortgage?
Please confirm that this is the matrimonial home
Clare
Customer: replied 1 year ago.

Yes it was the matrimonial home.

The value of the property currently would be £340,000 and it has a 90,000 mortgage on it. repayment mortgage.

Expert:  Clare replied 1 year ago.

Is there a court order excluding you from the property - or have you simply agreed to stay away?
Clare
Customer: replied 1 year ago.

No court order. She works police force and one night i was woken up by 2 officers whilst i was asleep and asked to leave. May not be relevant but she has since subjected me to an arrest . I was just cautioned. Basically, i did send her a text when i had a few drinks but it used no bad language just asking her why a few times. I have since sought legal advice and now she is being investigated on this matter as it has come to light that she may have abused her position to cause me problems. It has however made her look good through her solicitor who has stated that no mediation is to take place to discuss financial matters as she feels concerned . I have however managed to get the relevant department who is now investigating this matter to write an email confirming that this is what is happening. Especially as she kept asking me to go round there to walk and feed her dogs and keeps calling my family and friends to ask where i am. All very strange. I now stay away, have deleted her number and do not go round there. Sorry back to your question, no court order, i voluntarily left.

Expert:  Clare replied 1 year ago.

Very wise
A six year relationship and the fact that you made a financial investment in it gives you a clear and unequivocal claim on the matrimonial home
You can register your claim on the property using the HR1 which is reasonably easy to complete
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/352448/HR1.pdf
and the matter will be resolved within the financial side of the divorce - a 20/80 split in her favour is likely with 30/70 possible
Please ask if you need further details
Clare
Customer: replied 1 year ago.

Clare,

Many thanks above. However the form seems to request that i have an order... see section 10. Do i therefore need to apply to the Court first? If so what form do i need to complete . Or do i just tick no on the form. If i tick no will that prevent them from allowing me to get a charge. It seems strange that they would put a charge without me explaining what right i have or permission. Bit confused now.

Expert:  Clare replied 1 year ago.

No, no need to have an Order - just tick no and move on
Clare

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