How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask James Mather Your Own Question
James Mather
James Mather,
Category: Family Law
Satisfied Customers: 1390
Experience:  Senior Partner at Berkson Wallace
Type Your Family Law Question Here...
James Mather is online now

My wife and I are seperated and I own the property but have

Customer Question

My wife and I are seperated and I own the property but have a small mortgage (£55000). My wife has taken out 'Home Rights' which prevents me getting a re-mortgage, which I require. How do I get her to remove 'Home Rights'?
Submitted: 4 years ago.
Category: Family Law
Expert:  Clare replied 4 years ago.
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
How much is the property worth?
Have divorce proceedings started?
What settlement have you offered?
Customer: replied 4 years ago.

You see. compensation (£400,000) was given to me by a court in 'Harley Street', all of which I spent on the property I Iive in, therefore by law it is protected as stated in the 'Acts of Parliament'.

The property cost £360,000 and is currently worth about £400,000, leaving me with nothing but the roof over my head and a massive (to me) mortgage (£692 p.c.m.).

Divorce proceedings have not started since neither of us can afford the court fees (in excess of £400), so we are still separated and I am giving her £150 p.c.m. which is at least five times what I have to pay by law (Acts of Parliament).

Incidentally, I have no income but 'Disability Living Allowance' and E.S.A.

Expert:  Clare replied 4 years ago.
I am afraid that matters are NOT as straightforward as you hope
How long have you and your ex lived together and are there any children involved?
Is the property adapted to your needs in any way?