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Clare
Clare, Solicitor
Category: Property Law
Satisfied Customers: 33810
Experience:  I have been a solicitor in High Street Practise since 1985 with a wide general experience.
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My property Assistant: Thank you. Can you provide any more

Resolved Question:

my property
Assistant: Thank you. Can you provide any more details to help us find you the right Expert?
Customer: well I am married to my partner in Islamic law not British. He has paid the mortgage on our property but the property is in my name. He has continued being unfaithful throughout the marriage and I have asked for him to leave but he has refused. I wanted to know if I decided to separate and continued paying the mortgage myself, is he entitled to anything.
Submitted: 7 months ago.
Category: Property Law
Expert:  Harris replied 7 months ago.

Hi, thanks for your question. Where exactly did you get married (location, city, mosque etc?)

Customer: replied 7 months ago.
In Dewsbury at his sisters house
Customer: replied 7 months ago.
We have one child together who is 11 yrs old
Customer: replied 7 months ago.
The Mortgage was always in my name and I am solely named on the deeds. He can prove that he has paid the mortgage and I have previously been told he can claim something on the house but i'm not really sure what that would be.
Expert:  Harris replied 7 months ago.

Thanks for confirming. Firstly, as your marriage is only an Islamic marriage, legally this is not a civil marriage and neither of you can claim financial relief from the other under English law. You would therefore be deemed cohabitees. In those circumstances, unless he can prove that there was an intention that he be compensated for his contributions or if there is a formal agreement/contract, legally he is not entitled to the property as it is in your sole name.

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:  Clare replied 7 months ago.

My name is ***** ***** I have been a solicitor for more than 30 years.

I am afraid that the nature of the relationship between you - the Religious marriage - means that the court will infer that there was an intention that he would share in the family home.

That being the case there is little doubt that the court will award his a share of the equity - when your child is 18 - but hopefully not 50%

Clare, Solicitor
Category: Property Law
Satisfied Customers: 33810
Experience: I have been a solicitor in High Street Practise since 1985 with a wide general experience.
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