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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34234
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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has my wife the rights to take all or part of the flat which

Customer Question

has my wife the rights to take all or part of the flat which i a quired from my family by the way of a gift?
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 and your wife lived together/been married
How much us the house worth and what other assets are there?
Clare
Customer: replied 2 years ago.

Hello,Clare

we have been married for 19 years

The flat worth about £ 300 k and no other assets.

My wife is a house- wife never worked.

Since i got the flat in my name we lived abroad for 10 years

She is back in October 2014.

Expert:  Clare replied 2 years ago.
Hi
Then yes your wife does indeed have a claim on the property for at least 50% of the equity, and can force a sale if need be - or can force you to leave so that she and the children can live there until the youngest child is 18.
I hope that this is of assistance, please ask if you need further details
Clare
Customer: replied 2 years ago.

The fact the charge on the property or putting her name on the deed using family law, was behind my back when we both lived abroad we only came back for short holidays, staying with relatives.

could I reverse that on the ground it was done behind my back?

I only came to know about it many months later .

Expert:  Clare replied 2 years ago.
Hi
I assume that your Wife has Registered her Matrimonial Home Rights as she is fully entitled to do.
This can only be lifted with her agreement or on the making of a Decree Absolute
Clare