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Ask Clare Your Own Question
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34885
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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Mortgage paid in full. Mortgage was in husbands name.wife

Customer Question

Mortgage paid in full. Mortgage was in husbands name.wife has registered marital intrest with land registry. Will the land registry put wife on deeds? Can husband object? When divorcing what has to be shared? What about husbands earnings? Does he have to declare savings earnings etc?
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

How long have they lived together, how much is the property worth and what income do they each have?

Customer: replied 1 year ago.
Been together 25 years. Married 14 years (2003). Property worth £245k. Wife income 18000 husband 56000.
Wife has paid 50% of everything for 25 years. Joint bank account for household bills.
Expert:  Clare replied 1 year ago.

The Wife has applied for a Matrimonial Home Rights Notice - which she is entitled to do and which means that the house cannot be sold unless she agrees or there is a Court Order or a Decree Absolute.

Given the length of the marriage the starting point for division of ALL assets is 50/50 and both parties will have to make full disclosure of their financial position - the wife will also have a claim for spouse maintenance.

I hope that this is of assistance - please ask if you need further details

Customer: replied 1 year ago.
Do I have to have a lawyer to divorce for unreasonable behaviour and or adultery?
Expert:  Clare replied 1 year ago.

No not at all - although it is never wise to issue an Adultery petition unless the other party has confirmed in writing that they admit the adultery.