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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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My wife has applied to the court for English divorce. she

Customer Question

my wife has applied to the court for English divorce. she was brought to this country on a spousal visa by me and has lived with me in her marital home for on/off 2 years.
I had the house (my current residence) under both me and my father's name. now it has been almost 10 months (jan 2016) since I have taken my name of the land registry and mortgage as I did not want the burden and stress of owning a property because I was already stressed due to marital issue with my wife who alleged D/V and has left my home and moved into a council flat since april 2015 along with my child who is now 3 years old. she did not further proceed with the domestic violence and the case was dropped without me being charged or given any warning.
*does she still have any rightful share of her previous family home which was never under her name nor was the mortgage. she also never worked for paid any bills, council tax, mortgage or any furniture etc?
* does she have any claim on my car which I also use for work (taxi) which was bought by me from the money my father gifted me after she had left my home?
* if I have accumulated any savings from my pay etc after she has left my home for almost 1 year and 6 months can she still rightfully take any share from those savings which have now steadily reached to about £9500.00 since I opened the account many years ago?
Submitted: 1 year ago.
Category: Family Law
Expert:  Harris replied 1 year ago.

Hi, thank you for your question. Just a bit more information required to fully assist you:

-How long have you been married?

-Who is now living at the former matrimonial home?

-Whose name is ***** ***** matrimonial home in?

-Is the 3 year old her child, if so what are the arrangements for her to see the child?

Customer: replied 1 year ago.
I travelled to Pakistan to marry her there in Jan 20 2012 and she come to the UK on 23-1-2013*currently the home is occupied by me, my parents, my siblings and my nephew*it is now solely under my dad's name. The former matrimonial home was under both me and my father's name even before I applied for her visa and for the last 9 years it is continuously occupied by my, my parents and my siblings before she came to this country. In 2015 I decided that I no longer wanted the house in my name neither did I want to pay any mortgage so we took it off my name and my dad got it remortgaged under his own name. my wife lived amongst us for 2 years during which we travelled to and stayed in other countries for a total of 2 months combining all holidays* the child is jointly ours. my name is ***** ***** the birth certificate. she has denied me unrestricted access to take the child anywhere or bring him back to my home to see and stay the day or night with the rest of my side of the family. I wrote to her twice through a solicitor to have a flexible child contact arrangement which she did not agree to. but she lets me talk or video chat with the child and even allows me to visit her flat and spend time with both of them or take the child out to the park etc. but she will not allow the child to visit his grandparents.
her family and social worker are pressurising her into denying me and my family contact with the child which is why on paper she is very stubborn and not flexible, but when I go there personally to visit them she does not objet to it because her family or the social worker and not there to see it.
Expert:  Harris replied 1 year ago.

Thanks for confirming. As part of the divorce you both have a right to claim financial relief from the other which will include division of matrimonial assets and any spousal maintenance if either of you cannot meet your needs. In relation to the home she would have previously had matrimonial home rights as you owned a share in it, and if she pursued a claim to court the court can consider whether you still have any beneficial interest in the property and if it is decided you do the transfer to your father can be overlooked and your previous share will be considered a matrimonial asset available for division. She is unlikely able to claim towards your car as this is for work purposes. In relation to other savings, she may be able to claim towards these if she can demonstrate it is a matrimonial asset and if she cannot meet her needs and if it is required to meet the child's needs.

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:  Harris replied 1 year ago.

Hi, this question remains open. If you found my information provided helpful please could you rate my response positively using the stars at the top of this page as I will not be credited for my response without a positive rating.