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Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34900
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 have recently separated from my husband after 12 months of

Customer Question

I have recently separated from my husband after 12 months of marriage as our relationship had irretrievably broken down. I left our matrimonial home a week ago as I felt the situation was volatile and since then things have not improved. The home is in my name, the mortgage is in my name and I put the deposit into the property (around 55k) and paid the stamp duty. My husband is now threatening to put "our" house on the market, as he believes he is owed equity out of the property (just half the rise in value - not what I put in). He has contributed half to the mortgage and bills since I bought it in May last year - prior to us getting married. My questions are - is he able to sell the house or put it on the market without my permission? -can he stay in the home and expect me to still contribute half while I live elsewhere -is he entitled to any of my assets - I own two other properties that I bought prior to us being married He owns no property or has any other assets. Any advice would be appreciated. Many thanks XX

Submitted: 2 years ago.
Category: Family Law
Expert:  Thomas Judge replied 2 years ago.
How long were you together in total? Any children?
Expert:  Clare replied 2 years ago.
Thank you for your question.
My name is ***** ***** I will do my best to help you
Your husband certainly cannot market a property which is held in your sole name.
If he wishes to force a sale of the property then he will need to make a financial application within divorce proceedings.
If you are no longer living in the property then in general terms you are not expected to continue to pay the outgoings - so you can transfer the bills into his name.
Of course since the mortgage is in your sole name it may be that you will wish to continue paying the mortgage to ensure that there is no default
His financial claim on you will depend on the length of time you have lived together - the longer the cohabitation the larger the potential claim
This is a very basic guide - please ask if you need further details