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Ask Clare Your Own Question
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34886
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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I recently separated with my husband, and I remain in the marital

Customer Question

I recently separated with my husband, and I remain in the marital home with my four children which are not biologically his. My name is XXXXX XXXXX the mortgage and not on the deeds either, and though I have a signed written statement from him to say he will not enter the property without my permission whilst me and the children live here, the police have said he can do pretty much what he wants as its his house.

Where do I stand legally regarding the house.
Submitted: 4 years ago.
Category: Family Law
Expert:  Clare replied 4 years ago.
Thank you for your question.
My name is Clare and I will do my best to help you but I need some further information first.
How much is the property worth and how much is outstanding on the mortgage?
What other assets and debts are there?
How long have you lived together and how old are the children?
Has there been any violence?
Customer: replied 4 years ago.

Hi Clare.


The property is worth 167k and I believe theres 130k left to pay.


My ex husband has approx. 20k worth of debts.


I moved in with Andrew( my husband) August 2011 with my four children and left a private rented property to do so.


The children are 16, 15, 5 and 4. The two younger ones know my husband as Daddy ( though biologically he isn't)


I have evidence ( emails between me and my husband whilst in the relationship, my diary, letters from my husband to myself detailing how he has failed me etc) of how the relationship ended because of his conduct. The last thing being a video of him sexually doing things to me whilst I was asleep which he took. I did contact the police at the time and di not press charges, the police did question him about the video but he said it was consensual. I have evidence of him admitting it wasn't consensual.I haven't pressed charges since because he has threatened to blow the house up. There has been violence but none of which is proven. However the police have been called to the house on numerous occasions, the recent being last Monday when he took an overdose and slit his wrists all because he had found out I had moved on.

I have had threats of Andrew saying he wants me out the house, and that he's going to tell the police I have assaulted him just so I get my children taken into care.

Customer: replied 4 years ago.

Also a few days after we separated, he signed a letter that I wrote stating that whilst me and the children remain in the property he will enter the property without my permission and leave when I ask and that he has no rights over the house. The police have stated that because this was not done via a solicitor it holds no grounds. Is this right?
The police told me also because it is his house he could walk in, make a coffee and I couldn't do anything about it. I said but I fear for me and my children's lives and him being in this house with us would make us extremely uncomfortable, surely that's against the law, they stated no.

Expert:  Clare replied 4 years ago.
I am afraid that since it is the police are correct and the letter has no legal force
Unless and until there is a court order excluding him either as a result of violence or as part of the financial settlement he can indeed continue to come and go from the property if he so wishes.
However I can also say that within the financial side of the divorcee proceedings it is likely that you will be able to remain in the property until your youngest child is 18 ( without your ex)
I hope that this is of assistance, please ask if you need further details
Customer: replied 4 years ago.

Hi Clare thankyou.


1. So is there anyway I can legally get my name on the deeds


2. When you stated about staying here until my daughter is 18, does that still apply even though they are really his step children tought they call him Daddy.


3. Will I still be able to stay here even if I divorce him and if I am granted the house will he still be able to come and go as he pleases.


4. If I am awarded the house in court, will he still be liable for the mortgage and what happens if he refuses to pay or if he wants to sell the house what share of the house am I entitled too.

Expert:  Clare replied 4 years ago.
1. It is possible that the family court will order this within the financial side of divorce proceedings - but not guaranteed
2. Yes
3. Yes - and certainly not
4. It is unlikely that he will also have to pay the mortgage - that is a matter that will have to be dealt with within the financial negotiations
Your eventual share of the equity will be very limited - so one area of negotiation could be whether he wishes to pay you a larger lump sum to move out immediately