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Ask Clare Your Own Question

Clare, Solicitor
Category: Law
Satisfied Customers: 33284
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My husband had an affair earlier in the year and it ended up

Customer Question

My husband had an affair earlier in the year and it ended up with him having a non molestation order - that was then turned into undertakings in June. Since then we have tried to repair but feel we need time - he has agreed to purchase another house for me and wants to remortgage our marital home - I have refused to go onto another mortgage so he needs me to sign a TR1 taking me off the deeds of the house. Will this mean I am not allowed to be in the house - I am scared this is away of him getting me away with nothing - I am feeling very worried that it is the wrong thing to do though he says it is the only way I can have the other property.
Submitted: 1 month ago.
Category: Law
Expert:  Clare replied 1 month ago.

Thank you for your question

My name is Clare

I shall 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>

How much will you receive for your new house?

Customer: replied 1 month ago.
The house has been valued at £850,000. There is a £33,000 mortgage left which my husband is clearing. The new property is being bought for £284,950. This is being done through a mortgage just in my husbands name, though the house will be in my name.
Customer: replied 1 month ago.
He is saying he does not want to divorce and he is not ready to sell our main home and is hoping that us having some space we will be able to work things out.
Expert:  Clare replied 1 month ago.

May I ask why you do not wish to be on the mortgage?

Customer: replied 1 month ago.
Because of what has happened, He is a wealthy business man and I am aware the contact has not finished with this other woman
Customer: replied 1 month ago.
Im 52 and do not want to have another mortgage
Expert:  Clare replied 1 month ago.

I have to ask - do you want an immediate end to the marriage?

Customer: replied 1 month ago.
No I have mentioned before I don't and he says he doesn't just need some space to try and work it out. This is all to do with me feeling very insecure about signing over my marital home of 19 years and wondering what he could do
Expert:  Clare replied 1 month ago.

Technically as a sole owner he could simply sell the property without your knowledge and abscond with the money including the remainder of your share.

However you can ensure this does not happen by registering your Matrimonial Home rights on the property as soon as the transfer has taken place - so he will not be able to do that.

Alternatively you can say that you are only willing to do this if he signs a declaration of Trust confirming that he stills owns the property on behalf of both of you - this may tell you a little about his plans.

I hope that this is of assistance - please ask if you need further details

Customer: replied 1 month ago.
How do I register my Matrimonial Home Rights?
Expert:  Clare replied 1 month ago.

The form is here

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