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ukfamilysolicitor
ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 724
Experience:  Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
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My daughter has reached a decision to leave her husband after

Customer Question

My daughter has reached a decision to leave her husband after many years of abuse, but I have asked her not to until she secures her rights to her home, as she isn't on the deeds. As I understand that she has to secure that by issueing a "domestic charge order". She is very afraid of her husband and is reluctant to seek advice as he would become violant or agressive and use her children against her if he found out that she was to leave and especially laying claim to the home. She has been married to him for 28 years and has moved with him to two homes during that time, always working before and after having three children. Somehow when they last moved in 2005, he succeeded in not having her declared on the deeds, she isn't aware how that occurred, being a very trusting and meek person.
Can you advise please, as I am greatly concerned about her health and welfare
Regards
Peter J Johnson
Submitted: 1 year ago.
Category: Law
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Welcome to Just Answer
I am a Solicitor and will assist you.
I am sorry to hear about the difficulties that you daughter is experiencing with her husband.
If the Matrimonial Home is registered solely in the name of her husband that your daughter can apply free of charge on Form HR1. Which can be found here:
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/449289/HR1.pdf
It only takes a few days to add the notice to the register - please do however be aware that when the notice is added to the register then her husband will receive a copy of the updated register.
Your daughter should consider seeking help and support in relation to the issues that you have described with her husband. Domestic Violence support can be wide ranging - from a simple chat to refuge accomodation services. One such service is www.refuge.org.uk
If your has suffered physical, emotional or financial abuse in the last two years and if she can get evidence and she also qualifies on means then she may be able to get legal aid and a solicitor to help. Please see this link - in particular the GP letter - if her GP is satisfied that you are suffering from a condition such as stress as a result of her husband's behaviour and he completes the template letter - then she should take this to a Legal Aid Solicitor for a financial assessment.
https://www.gov.uk/legal-aid/domestic-abuse-or-violence
Kind Regards
Caroline
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