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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 32086
Experience:  Over 5 years in practice
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What are the rights of a wife if she lives in the marital home

Customer Question

What are the rights of a wife if she lives in the marital home but the property is entirely in her husbands name. She pays the council tax and her wage was used to get an additional loan on the property a few years ago. Husband runs own company for past 15 years never making any money and now in debt. Son 14 wants to live with mum. The husband has issued a non molestation order (on grounds of severe hoarding and also claims wife's temperament is unstable). Actions have immediately been taken to clear house of all goods. Will the wife be able to remain in the house once proven action and counselling has been shown to be taken and most important her right to stay in the marital home until son is finished in education.
Submitted: 3 years ago.
Category: Law
Expert:  Clare replied 3 years ago.
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
How much is the property worth and how much is outstanding on the mortgage
What other assets and debts are there and what income do you each have?
Customer: replied 3 years ago.

In current state £675,000, there is £120,000 mortgage approx. Another property in wife's name only of £350000, 35,000 approx. oweing on that one, but her sister has an agreed share of 30% in it but there is no written docuementation this was a verbal agreement between the sisters the sister is not named ,on the property. Wife works full time night duty,earning possibly £42,000 husband has debts from his business which has never made money and he has now stopped paying the mortgage, he has no income at present he is now looking for a job so he states.

Expert:  Clare replied 3 years ago.
Why does the sister have an interest in the other property?
Who lives there?
Customer: replied 3 years ago.

When the house was 1st bought it was to be in join names but because the sister had another property it was decided to put the house in her (wife) name only the sister lived in the property for 2years paying half the mortgage. The wife then had use of the entire property for whjich the sister did not calim half rent it was agreed that 30% of the house would be given to the sister when the wife decided to sell the share would pass to the sisters only daughter if the sister died before the house was sold.

There has been no income from the house as the wife did not rent it out it went into dis repair for some years and then she asked her nephew to live in it and do it up which he did and it was rented for 1100 in October 2013 the monies are paid into a joint account which the wife has agreed to give the sister her half share of the rent. Now that divorce has been issued the sister has no legal documentation to prove her share. The wife still wants to give her the agreed 30% but the husband wants his half share.