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ukfamilysolicitor
ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 757
Experience:  Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
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I am the sole owner of my property. Recently divorced. he pays nothing towards the mo

Resolved Question:

Hi
i am the sole owner of my property. Recently divorced. he pays nothing towards the mortgage or household bills, which was part of the divorce. he now wants to claime the house and has put a charge other on the house. he earns well and has a housse can he do this?
Submitted: 1 year ago.
Category: Law
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
I am a Solicitor and will assist you
Please may I ask:
- has an order already been made in respect of the matrimonial finances?
- has he obtained a charge or is it possibly a matrimonial homes right notice?
Kind Regards
Caroline
Customer: replied 1 year ago.

i am due in court shortly to deal with the interim financial application to enable me to pay the school fees and outstanding fees to the school. There is no order yet regarding finances.

as far as I know he has placed a charge order on the house. Nothing is said about matrinomial homes right notice. what is this? and what does he meen by placing a charge on the house?

Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Thank you for your response.
A Matrimonial Homes Rights Notice just protects rights of occupation - but it ends of divorce and you are already divorced.
Bit confused - has there been previous financial order in respect of the end of your marriage that entitled him to put a charge in your property?
Kind Regards
Caroline
Customer: replied 1 year ago.

I own the house as already indicated. He moved out. I have just divorced him by cross petition. I am waiting for my certificate of Decree NISI.

There has been no financial order to date. I made application for Maintenance pending suit, to address the school fees which he refuses to continue to pay because I upset him! I am about to complete form E.

He has anyhow placed a charge order on the house when he moved out without informing me, until I got a letter from the land registry that he has done so. can he do this before there is an order?

should I have to apply for a matrimonial home right to remain in my house with my 15 year old son now?

please tell me what I should be doing with respect to form E to address the matrimonial finances. I am just filling it in at the moment. Do I need a lawyer to do it for me? I worry about cost. Can I ask court to charge him with my legal costs.

Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Thank you for your response.
If you only have decree nisi - then you are not yet divorced. You need decree absolute for that.
It sounds to me that he has properly obtained a Matrimonial Homes Rights Notice. If your home was the matrimonial home - then he can do this. It just prevents you selling / remortgaging until the matrimonial finances are resolved.
In respect of the Form E - it you are worried about costs - my advice would be that if you can afford it - seek advice when the Form E's have been exchanged so that you can scrutinise his disclosure and consider if settlement offers are possible.
Kind Regards
Caroline
Positive feedback is gratefully received
Customer: replied 1 year ago.

He did not inform me that he sought matrimonial homes rights notice or that he has sucessfully got one. Should he not have informed me? He did alot of things I am discovering now. can I ask for the charge to be removed until the court finalises the finances?

Expert:  ukfamilysolicitor replied 1 year ago.
Hello
You are not informed about the Matrimonial Homes Rights notice until it is placed on the register.
The Notice will be removed after the finances have been resolved or when decree absolute is obtained.
Kind Regards
Caroline
Positive feedback is gratefully received
ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 757
Experience: Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
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