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Lawry, Solicitor
Category: Family Law
Satisfied Customers: 380
Experience:  Expert
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I'm wanting to no we're I stand I've been married 6 years

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JA: Hello. How can I help?
Customer: I'm wanting to no we're I stand I've been married 6 years lived with my wife 7 years. It's her house. I've got full custody to my son that li es with us. We got a child together. She's wanting me to move out but I don't want to go.
JA: What steps have you taken? Have you filed any papers in family court?
Customer: No not got to that stage yet. I just want to no if I've got to leave with my 6 year old son who lives here with us and it's his home
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: Cumbria I no the courts. I've got full custody of my son.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: No
Customer: replied 14 days ago.
We got full custody of my 6 year old son around 2 and ahalf years ago. This is his home. He doesn't have any family only us. I just want to no we're I stand in terms of staying in this house with my son. We also have a 5 year old son together. Boys are best friends share room go to school together


My name is ***** ***** I will try and help you today.

If your wife owns the family home in their name alone, you might be able to register your interest in it to protect your position.

If your property is registered at the Land Registry – you can protect your position by using a ‘matrimonial home rights notice’ or ‘home rights notice’.

You first need to know if the property is registered in your partner’s name, and its title number. If it is, check if the property is registered with the HM Land Registry website.

Using a home rights notice is free. All you need to do is fill in a form called HR1 – which is on the website.

Lawry and other Family Law Specialists are ready to help you
Customer: replied 14 days ago.
I believe it is registered in my wife's name. I've lived here 7 and a half years been married 6 years. We went through court for full custody of my son who's nearly 7. He's lived here full time for last 3 years nearly
Customer: replied 14 days ago.
Could you send all details I need cheers

I confirm our telephone conversation.

Complete the HR1 form on line today.

To find out the title number of the property, go onto the land registry website , pay a fee of £3.00 and request office copies using the property's address and postcode. That will give you the title number of the house.

As for divorce, as discussed the starting pint is a 50/50 division of all matrimonial assets then the court will consider the financial needs and requirements of both parties based on the criteria set down in section 25 of the Matrimonial Causes Act 1973.

These are:

the income, earning capacity, property and other financial resource which each of the parties to the marriage has, or is likely to have in the foreseeable future. This includes in the case of earning capacity, any increase in that capacity which it would, in the opinion of the court, be reasonable to expect a party to the marriage to take steps to acquire

the financial needs, obligations and responsibilities which each of the parties to the marriage has or is likely to have in the foreseeable future

the standard of living enjoyed by the family before the breakdown of the marriage

the age of each party to the marriage and the duration of the marriage

any physical or mental disability of either of the parties to the marriage

the contributions which each of the parties has made or is likely in the foreseeable future to make to the welfare of the family, including any contribution by looking after the home or caring for the family

the conduct of each of the parties, whatever the nature of the conduct and whether it occurred during the marriage or after the separation of the parties or (as the case may be), dissolution or annulment of the marriage, if that conduct is such that it would in the opinion of the court be inequitable to disregard it

in the case of proceedings for divorce or nullity of marriage, the value to each of the parties to the marriage of any benefit (for example, a pension) which, by reason of the dissolution or annulment of the marriage, that party will lose the chance of acquiring

in cases where there are young children, the Court’s first concern will always be the welfare of those young children and how their needs will be met. In reality, the decisive factor in the majority of cases is the reasonable needs of the parties and the children of the family.

The court will consider the matrimonial home as an asset of the marriage despite it being in your wife's name.

They will consider your needs and a paramount consideration will be the needs of your boys.

In the meantime, ensure you register the HR1 to protect your position.

Good luck!

Customer: replied 14 days ago.
I've got details of the property now how do do I put my name on it

I cannot access the form at the moment but there should be a section to provide your details and the reply with the title will be sent to that email address.