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ukfamilysolicitor
ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 1162
Experience:  Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
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I got married in July 2012 and my husband moved in to share

Resolved Question:

I got married in July 2012 and my husband moved in to share my house.The house is in my name and there is no mortgage. In November 2013 he was recalled to prison for 6 months, he is on life licence. I agreed for him to come back to the house Dec 2014.He left on March 6th.
I have no intention of having him back again although he wants to come back.
Friends have suggested I seek some legal advice as to whether he has any legal claim to the house. I was just looking on line to book an appt with a local solicitor and saw your web site.
Thank you in advance for any advice
Barbara
Submitted: 2 years ago.
Category: Law
Expert:  ukfamilysolicitor replied 2 years ago.
Hello Barbara
Welcome to Just Answer
I am a Solicitor and will assist you.
Unfortunately it is correct that your husband could make a claim in respect of the matrimonial finances. This includes all assets and not just the matrimonial home.
In relation to the matrimonial finances - The correct process for dealing with the matrimonial finances and division is to go through a process known as full and frank financial disclosure. Yourself and your husband need to exchange full details of all assets ( including pensions) and liabilities before negotiations take place in relation to settlement. Everything is included in disclosure - all assets and all liabilities.
The normal rule for division is 50/50 however the matrimonial causes act sets out factors which could lead to a departure from this rule. A few examples are the likely earning capacity of both of you for the future, health needs, future care of children etc
The courts do also take into account the length of the marriage and as your marriage was less than 5 years it is considered a short marriage and therefore you should argue that your husbands share should be much less.
You should consider making a referral to a specialist mediation service. They can assist in relation to the process of disclosure and also in relation to negotiations about division. One such mediation service is the National Family Mediation service. www.nfm.org.uk
If agreement cannot be reached then an application would need to be made to the court. You can not make an application to the court until you have at least attempted mediation first.
It is very important that no division of any assets takes place until a court order is obtained.
If division is agreed without the need to apply to court then you should submit a consent order for Judicial approval prior to division and obtaining decree absolute. Not doing so could leave you open for a future claim. Claims have been entertained by the courts decades after divorce / separation - so it is important that you deal with things properly.
A Solicitor can help you draft the Consent Order to protect your position for the future. This should only cost circa £300 - £400.
Kind Regards
Caroline
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