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F E Smith
F E Smith, Advocate
Category: Law
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Experience:  I have been practising for 30 years.
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I have moved out of the marital home but I am still on the

Resolved Question:

I have moved out of the marital home but I am still on the deeds and mortgage. A week after I left my husband changed the locks so I have no access to any of my belongings still in the property.
As I understand it he cannot take me off the mortgage etc without my permission. Is there anything I should do to protect my share of the property. The mortgage will be fully paid in the next 12 months
Submitted: 6 months ago.
Category: Law
Expert:  F E Smith replied 6 months ago.

It is the marital home and you are a joint owner and hence, you are free to go back to the property at any time and if necessary break in if he has changed the locks and will give you a key.

If you are breaking in, you would be well advised to advise the police what you have been told so that your husband cannot allege you have been violent.

Your financial interest in the property remains as it was whether you are living in the property or not.

If you have children under aged 18, I can advise you further if you let me know who they live with, and the value of the property.

Can I clarify anything for you?

Please rate the service positive. It doesn’t cost you anything but helps me greatly.

We can still exchange emails. Best wishes. FES.

Customer: replied 6 months ago.
NO children in the property - occassionally my daughter and grandaughter stay there. I have no wish to break in so that is not an option. Just needed to clarify my position re property ownership and liabilities
Expert:  F E Smith replied 6 months ago.

Thanks.

Thank you. The visitors do not make any difference.

You are not liable for the mortgage(shortly to be finished) or bills of a property that you do not live in.

Once the mortgage has been paid, if you are in the throes of divorce or legal separation proceedings, then would be entitled to an amount of money from the settlement in respect of his occupation of your share of the property.

Depending on how long you have been married and what you have put into the property over the years, would depend on how much each of you got out. The starting point would be 50-50

F E Smith, Advocate
Category: Law
Satisfied Customers: 8964
Experience: I have been practising for 30 years.
F E Smith and other Law Specialists are ready to help you
Customer: replied 6 months ago.
Thank you I will take your point on board for future reference

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