How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask james bruce Your Own Question
james bruce
james bruce, Solicitor-advocate
Category: Family Law
Satisfied Customers: 5089
Experience:  Owner at James Bruce Solicitors
Type Your Family Law Question Here...
james bruce is online now

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: 1 year ago.
Category: Family Law
Expert:  james bruce replied 1 year ago.

Hello I will assist today.

Expert:  james bruce replied 1 year 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 1 year ago.

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

I would be obliged if you could Click the 5 stars at the top of the webpage (this will not cost any extra). This will tell the website that I have responded to your question, you can, of course, continue to ask any follow up questions free of charge. Although you have already paid, I won’t be paid by Justanswer for my time if there is no rating left for me.