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Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2851
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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Husband has put matrimonial homes act charge on house I have owned years. Married 4

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Husband has put matrimonial homes act charge on house I have owned for 12 years. Married 4. Am overseas and did not know about this. Did not get notified as abroad. Where do I stand in divorce? We signed agreement before marriage and have no kids.
Hi, thanks for your question. I am a qualified family law solicitor.
What was the agreement signed before the marriage?
Customer: replied 2 years ago.
Pre nup. What we own pre marriage is individually ours. What bought after marriage with own money individually own. I can rent sell or remortgage house without his interference. He gets 1/3 increase in equity from date of marriage if we divorce.
The matrimonial home charge on the property is basically a notice to any potential purchasers that your husband has (or may have) an interest in the property. The notice would likely have been sent to the matrimonial home.
Your husband will have a right to live in the matrimonial home as a result of your marriage.
If you, or your husband, do pursue a divorce and subsequently a financial relief application, the pre-nuptial agreement will be considered by the court in division of the assets however, the financial circumstances at the time of the application, as well as the needs of both you and your husband, and any children, would need to be considered by the court and this may take precedence over the pre-nuptial agreement.
Hi, just checking to see if you had any further questions regarding this issue. Please rate positive if you found the information helpful.
Hi, this question remains open. Please let me know if you have any further questions. If not and you found the the information provided helpful please could you rate my response positive so that the question can be closed.
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