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Harris
Harris, Law Specialist
Category: Law
Satisfied Customers: 2818
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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My husband is trying to evict me & my two sons from the

Resolved Question:

My husband is trying to evict me & my two young sons from the marital home, I have started divorce proceedings, but don't know legal rights, we have a prenuptial agreement, which I am disputing on the grounds of using having had a child & the prenuptial agreement has a clause that in the event of us having a child the prenuptial agreement would be reviewed, this has not been done, he is trying to emotionally bully me in to accepting the £12k & £150 p/m maintenance. He has 3 properties worth £550k & mortgage of approximately £100k he is 50% owner of a business. He earns £50k + £12k rental income We have been married since June 2013, relationship started 4th August 2012. I have 5 year old son from a previous relationship, he was 9 months old when we got together. Pleas can you advice me of what my legal position is.
Submitted: 6 months ago.
Category: Law
Expert:  Harris replied 6 months ago.

Hi, thank you for your question. Firstly, do not be initmidated by his "eviction" request. If the former matrimonial home is in his sole name you will have matrimonial home rights even if there is a pre-nup in place. You can register this right on the title deed of the property using form HR1 with the land registry and your right to occupy remains until divorce or a court order excluding you from the property.

In respect of further financial relief, this will need to be dealt with by the court and the validity of the pre-nup will be considered by the court.

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