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james bruce
james bruce, Solicitor-advocate
Category: Family Law
Satisfied Customers: 1620
Experience:  Owner at James Bruce Solicitors
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My wife and I have been together 13 years, married for 6,

Customer Question

My wife and I have been together 13 years, married for 6, and we are separating, we are mortgage free and the house is owned outright but it is in my wife's name, can I release half the equity to buy another property, so she can remain in the family home with the children?
JA: What steps have you taken? Have you filed any papers in family court?
Customer: No steps have been taken as yet, just a verbal understanding, we haven't filed for a divorce as yet
JA: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county do you live in?
Customer: I live in Norfolk
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No that's all I would like to know for now please
Submitted: 2 months ago.
Category: Family Law
Expert:  james bruce replied 2 months ago.

Hello I will assist today.

Expert:  james bruce replied 2 months ago.

If the property is i her name only, then as it stands you have no legal interest in that property.

If you’re married it’s usually best to sort out what happens to your home in the divorce or dissolution order.

If you have not, you might still be able to prove your right to the home if you can prove you have a 'beneficial interest'. This usually means you've contributed to the home financially.

In court, you’ll need to show a judge how you’ve contributed towards paying for the home - this can be difficult,

Expert:  james bruce replied 2 months ago.

Hello, just check back to see if I can assist further with your question.

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