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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34589
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Me and my son live in my husband's house. He wants to sell

Resolved Question:

Me and my son live in my husband's house. He wants to sell the house and separate. Can he force us to leave? (lived in rented accommodation together since 2010, married in 2011, moved into his house in 2014). he will claim, that he does not have the money to keep up the house, there has been no change in his income much since he owned the house (1982). I don't want to divorce or leave as I am in the middle of writing a PhD, my son is due to leave home for Uni this atutumn if all goes well.
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year 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 much is the house worth and how much is outstanding on the mortgage?
What other assets and debts are there and what income do you each have?
Clare
Customer: replied 1 year ago.
the house is mortgage free, I am not paying rent either (it's my husband's) and worth about 250K plus. I told me he would give me the gain in value since 2011 to 2016, but I guess he will wriggle out of it if he can at the end. For now I don't want to move, at least not for a year.
Expert:  Clare replied 1 year ago.
Hi
What income do you each have?
Clare
Customer: replied 1 year ago.
my husband is self employed artist with a turnover of about 35-45Kpa but income ends up about 15K, I am employed part time with and income of 34Ka
Expert:  Clare replied 1 year ago.
Hi
What capital did you bring to the marriage?
Clare
Customer: replied 1 year ago.
no capital
Expert:  Clare replied 1 year ago.
Hi
You have matrimonial home rights on the property and should register them using the form here
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/449289/HR1.pdf
This means that your ex cannot sell the property without your co=operation - or a Court Order.
You are entitled to live in the property so long as you are married - and if he tries to exclude you then you can obtain a Court Order allowing you to return.
You may of course have to take over payment of the bills.
In the longer term the house will have to be sold - you will be entitled to a percentage of the proceeds of sale - somewhere between 15% and 325% is likely
I hope that this is of assistance - please ask if you need further details
Clare
Clare and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank you.
I have always paid 2/3 of all bills anyhow and will continue.
Thank you for your advice and link. I shall register with the Land Registry.
Best regards,Hedda
Expert:  Clare replied 1 year ago.
You are most welcome - I hope all goes well