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Harris
Harris, Law Specialist
Category: Law
Satisfied Customers: 2810
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I'm married years with two kids. In 2011 my husband bought a

Customer Question

I'm married for 9 years with two kids . In 2011 my husband bought a site with money from a business sale and we drew up plans etc to build. He said he'd organise the mortgage etc and that was all fine . In 2012 during the build he told be that he'd overspent (on a garage!!) by £34k. I'd just inherited £35 k which is planned to spend on furnishing decorating etc but he said no he needed it and I should give it to him. Again probably nothing untoward at this stage except before the mortgage company would give the final payment I had to sign a document called tenants in common basically signing away my rights to the house! I now have invested heavily in a property with now way of getting anything back. I am struggling a bit financially as I now only work PT and have asked for some of the money back only to be told no. I'm now not sure what to do
Submitted: 1 year ago.
Category: Law
Expert:  Harris replied 1 year ago.

Hi, thank you for your question. Just a bit more information required to fully assist you:

-Is your name still on the title as a tenant in common, if so in what share?

-Are you separated from him and intending to divorce?

-What is the value of the property and what is the mortgage outstanding?

Customer: replied 1 year ago.
Hi I don't actually know all I was told was that I was a tenant in common(name not on house deed) and that if anything happened I wouldn't have a claim to the property. No still married but this has raised concerns with my parents and they have now made me worried. Value of the property is £400 and outstanding mortgage is circa £160k
Expert:  Harris replied 1 year ago.

Thanks. Firstly, if you are a tenant in common then you will be named on the title of the property. You can easily check this here: https://www.gov.uk/search-property-information-land-registry for a small fee of £3 - please let me know what it states.

In any event, if your name is ***** ***** the title of the property you still have matrimonial home rights which can be registered on the title using form HR1 with the land registry - be aware that he will be notified of this registration. Furthermore, if you were to divorce, even if your name is ***** ***** the property you are still able to make a claim towards this property, and the wider matrimonial assets to meet your, and your children's needs.

I hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for your question without a positive rating. Thank you.