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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34278
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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, I'm just trying to find out whether my husband has any

Resolved Question:

Hi, I'm just trying to find out whether my husband has any claim on my house (i owned this house when we met, having bought it from the council) now that I'm trying to sell it. He has never paid any of the bills, does not and never has paid the mortgage, refused to go on the Register at HMLR when I offered it to him and has never shown any interest in wanting a portion of it.
Suddenly, now that I am selling - he has decided he is entitled to a proportion of the sales proceeds - but he only wants them if he doesn't approve of the house that I buy.
He has, in the past, threatened to take me to court to get an injunction to stop me selling, threatened to bulldoze down the house and any subsequent house I may have - purely to prevent me from moving... the fact that it will split us up doesn't matter to him.
I should point out my husband is a drunk and although I would love to say he only says this when he's drunk he has made the same comments when sober. I did email my local police officer and he has said that because my husband has never contributed to the house, it is mine to do with as I please... can you confirm this?
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 are you considering a divorce?
Clare
Customer: replied 2 years ago.

Hi Clare

the living together question is a toughy to be honest, he very rarely spends every night here and is rarely here on a weekend, we got married in 2006 and because we are both middle aged (I'm 45 now and Steve is over 50) we each had our own properties and still do.

I suppose he moved in about 5 - 6 years ago but as I say, he doesn't stay here 100% of the time.

I wasn't planning on divorcing him if I don't have to - its not that I don't love him, but living with him is extremely difficult and I just want to ensure that he can't pull something if and when a sale goes through.

I did want to add though, that when I re-mortgaged this property about 2 years ago, he signed the Occupier's Consent and my mortgage broker has said that this means he has waived his right to live in the house in the event that I do sell - does this help?

Expert:  Clare replied 2 years ago.
Hi
In fact what he signed simply means that he cannot claim that the mortgage does not apply to him in the future.
How much are each of the properties worth?
Clare
Customer: replied 2 years ago.

I've no idea how much his properties are worth but the valuer said mine was worth £100k.

Expert:  Clare replied 2 years ago.
Hi
Best guess on the value of his property - are they basically balanced?
Clare
Customer: replied 2 years ago.

no, his are worth a lot more than mine. I have never seen most of them but he has a 4 bedroomed house in the Briar Hill area of Northampton which his ex is currently living in (albeit she is being evicted and I think it is only just on the positive side of the equity balance), he has a 50% ownership of his parents' house which is a listed building somewhere in Norfolk, he has a beach house which he currently rents out on the Snettisham coast and he has a dormer bungalow in Watton which is where he lives when not here.

But as I say, I don't plan on divorcing him unless I have no choice - all I really need to know is can he stop the sale if he decides to get awkward about it.

Expert:  Clare replied 2 years ago.
Hi
he could stop the sale by Registering his Matrimonial Home Rights on the property.
This would mean that the sale could not go ahead without his agreement - or unless you divorce him as those rights end on Decree Absolute unless the court grants and extension which they are not likely to do in this case.
In the event that there is a divorce it is more likely that he would have t pay you a lump sum rather than you pay him one.
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 2 years ago.

So let me get this straight - despite the fact that this is only the matrimonial home because he moved in with me and not the other way around, and the fact that he has never spent a single 7 day stretch here let alone a month, he is not on the electoral role here because he refused, he pays Council Tax both here and somewhere else - he has managed to gain Matrimonial Home Rights?? I expected him to have those rights over any new property that I buy (again all on my own with him standing on the sidelines offering 'assistance').... seems slightly unfair.

But thank you for your help.

Expert:  Clare replied 2 years ago.
Hi
Yes he has acquired Matrimonial Home Rights in terms of the right to live in the property etc, but I do not expect it to lead to any financial claim
Clare
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