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ukfamilysolicitor
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 1494
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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My wife wants a legal separation. I'm willing to move out of

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My wife wants a legal separation. I'm willing to move out of the marital home but to get a mortgage of my own I need my name taken off the mortgage of the marital home. If I move out and have my name taken off the mortgage will I loose any rights to or equity in the house?

Hello

Welcome to Just Answer

I am a Solicitor and will assist you.

I can confirm that when you are married it does not matter whose name any assets or property are in as they are all considered in relation to the matrimonial finances in any such proceedings pursuant to divorce. Thus the house and any equity would still be considered a matrimonial asset in such proceedings even if it was in your wife's sole name.

The above being said, you need to be aware that if you were to remove your name a s joint owner of the property then you would not have the automatic right to occupy the property and your wife could seek to remortgage the property without your consent.

If divorce is not yet contemplated then you need to consider a separation agreement. Whilst such agreements are not technically binding on a future family court Judge deciding the issue of the matrimonial finances, courts can and do order in line with what you have agreed if they consider the same to be fair and it can also help you both agree matters in tehr interim.

kind regards

Caroline

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Customer: replied 5 months ago.
Thank you Caroline. To just clarify, are taking my name off the mortgage and removing my name as joint owner of the property different things i.e. Taking my name of the mortgage doesn't mean I need to remove my name as joint owner?
Thanks again
Peter