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F E Smith
F E Smith, Advocate
Category: Family Law
Satisfied Customers: 10398
Experience:  I have been practising for 30 years.
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My husband and I have been married for 4 years and we do not

Customer Question

My husband and I have been married for 4 years and we do not have any children together. The house we live in is in my husband sore name only. He now wants divorce, what my legal rights are? In order to stay in the house, what should I do?
Submitted: 10 months ago.
Category: Family Law
Expert:  F E Smith replied 10 months ago.

Thank you for your question - have you contributed at all?

Customer: replied 10 months ago.
Customer: replied 10 months ago.
I was told by a family solicitor that I could put a restriction on our home property title deeds to stop my husband from sell our home without my permission. I need to do this now. What is the name of the restriction please? What is my legal right in terms of his assets?
Customer: replied 10 months ago.
My husband has metal health problem. He committed suicide 3 times since I met him. I had to look after him intensively for 4 years. This is my contribution. The property has no mortgage and it was 100% of his money.
Expert:  F E Smith replied 10 months ago.

How long were you together before married?

What contribution have you made to the house?

Was it bought while you were together?

It is a Matrimonial Home Right notice. It is free. here is the form:

Customer: replied 10 months ago.
How long can I stay in the Matrimonial Home? Does he has to move out?
Expert:  F E Smith replied 10 months ago.

There are several elements to the divorce process and in your case, there is the dissolution of the marriage/divorce itself and the disposal/dispersal of the matrimonial assets which includes the house. As part of any divorce therefore you would need to make an application to court to have the matter of the house decided and in circumstances like this, with no dependent children, it is likely that the house would be sold and the proceeds divided. The amount of the division would depend on how long you had been married and how long you were together before you were married.

Your ask whether he has to move out. No he doesn’t have to move out unless you get a court order to divide the property or you get a court order to exclude him because, for example, he has been violent. Other than that, he has as much right to live in the house as you do because it is the marital home. Financially, the fact that it may be in just his sole name is ***** ***** financial interest is exactly the same.

Can I clarify anything else for you?

Please take a moment to look at the top right hand corner of the page and rate my service by clicking one of the stars at the top of the screen. Then press Submit. Thank you. If you still need any point clarifying, I will still reply because the thread does not close.

Best wishes.