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Harris
Harris, Law Specialist
Category: Law
Satisfied Customers: 2646
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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Once I'm divorced what rights will my ex husband haven my

Customer Question

Once I'm divorced what rights will my ex husband haven my house which is in my name
Submitted: 1 month ago.
Category: Law
Customer: replied 1 month ago.
He put a home rights application on the property because he initially wants the security of living at the property which he has applied to have remove but he has since decided to see a solicitor because he wants me to sell it and give him money . he currently lives at the property effectively as my tenant. I am in the process of changing the mortgage to a buy to let so that he can carry on living there and I am free to purchase another property with my new partner. I have two children with my husband. Our decree absolute is due on the 26th of May.
Customer: replied 1 month ago.
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Expert:  Harris replied 1 month ago.

Hi, thank you for your question. Once Decree Absolute is granted you can apply to the Land Registry to remove the home rights notice. However, as part of the divorce there should also be a court approved financial settlement - the Decree Absolute does not end the right for both of you to apply to court for financial relief - his right to claim only ends if he remarries. I would strongly recommend you consider agreeing a settlement as he will have a right to claim well after divorce if he does not remarry.

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

Customer: replied 1 month ago.
What if I transferred ownership to a relative or my new partner as a joint tenants in common with me being the lower share holder ie 1% to me and 99% to someone else
Expert:  Harris replied 1 month ago.

The court can overlook such a transaction and if a court considers you did it to deny a claim by him then it will be considered financial misconduct and the transaction will be overlooked and it will still be considered your asset.

Customer: replied 1 month ago.
What if I was unable to get a buy to let mortgage without adding someone else to the mortgage. Surely that could be seen as a genuine reason to do this by the court
Customer: replied 1 month ago.
Once the decree absolute has been given what process would he have to go through to claim anything and what is this likely to cost him
Expert:  Harris replied 1 month ago.

Yes, but then they would consider who has the true interest in the property.

He would be entitled to apply to court using Form A for financial relief if no agreement is reached to settle the matter amicably.

Customer: replied 1 month ago.
What if I was living in the house with the children (4 & 2). Surely no court would make me sell it
Expert:  Harris replied 1 month ago.

The court will need to consider all assets, and see what is available for division - but you are right that if there are no other housing options for the children the court will not make you sell it but the court can make orders such as for it to be sold when they are a a certain age and for the equity to be divided between you.

For your information the criteria considered by the court in these matters is:

1. The income, earning capacity, property and other financial resources which each of the parties to the marriage has or is likely to have in the foreseeable future, including in the case of earning capacity any increase in that capacity which it would in the opinion of the court be reasonable to expect a party to the marriage to take steps to acquire;
2. The financial needs, obligations and responsibilities which each of the parties to the marriage has or is likely to have in the foreseeable future;
3. The standard of living enjoyed by the family before the breakdown of the marriage;
4. The age of each party to the marriage and the duration of the marriage;
5. Any physical or mental disability of either of the parties to the marriage;
6. The contributions which each of the parties has made or is likely in the foreseeable future to make to the welfare of the family, including any contribution by looking after the home or caring for the family;
7. The conduct of each of the parties, if that conduct is such that it would in the opinion of the court be inequitable to disregard it;
8. In the case of proceedings for divorce or nullity of marriage, the value to each of the parties to the marriage of any benefit which, by reason of the dissolution or annulment of the marriage, that party will lose the chance of acquiring.

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

Expert:  Harris replied 1 month ago.
The court will need to consider all assets, and see what is available for division - but you are right that if there are no other housing options for the children the court will not make you sell it but the court can make orders such as for it to be sold when they are a a certain age and for the equity to be divided between you.For your information the criteria considered by the court in these matters is:1. The income, earning capacity, property and other financial resources which each of the parties to the marriage has or is likely to have in the foreseeable future, including in the case of earning capacity any increase in that capacity which it would in the opinion of the court be reasonable to expect a party to the marriage to take steps to acquire;2. The financial needs, obligations and responsibilities which each of the parties to the marriage has or is likely to have in the foreseeable future;3. The standard of living enjoyed by the family before the breakdown of the marriage;4. The age of each party to the marriage and the duration of the marriage;5. Any physical or mental disability of either of the parties to the marriage;6. The contributions which each of the parties has made or is likely in the foreseeable future to make to the welfare of the family, including any contribution by looking after the home or caring for the family;7. The conduct of each of the parties, if that conduct is such that it would in the opinion of the court be inequitable to disregard it;8. In the case of proceedings for divorce or nullity of marriage, the value to each of the parties to the marriage of any benefit which, by reason of the dissolution or annulment of the marriage, that party will lose the chance of acquiring.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
Expert:  Harris replied 1 month ago.

Hi, this question remains open. If you found my information provided helpful please could you rate my response positively using the stars at the top of this page as I will not be credited for my response without a positive rating. You will not be charged for providing a rating.

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