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Harris, Law Specialist
Category: Law
Satisfied Customers: 2851
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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We are currently in the process of re mortgaging, as my credit

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We are currently in the process of re mortgaging, as my credit score is poor, my husband would have the new mortgage in his name only (and the house deeds will be changed accordingly). I therefore would become an adult occupier of my house. Our wills state that we bequest everything to each other in the event of death, but im wondering how this will affect me moving forward. My husband has suggested getting a legal document drawn up to state that we have equal interest in our home. I'm nervous about signing away my rights to our home. This has come after a dramatic year for us as we are recovering emotionally from an affair he confessed to early last year. Any advice would be welcome
Hi, thank you for your question. As you are married, if your name is ***** ***** the title deed you will still have matrimonial home rights and these can be registered on the title using Form HR1. Home rights entitle you to occupy the matrimonial home due to the marriage. Furthermore, if your name is ***** ***** on the title, the property will still be considered in respect of a financial settlement in the event of a divorce and if there is no will in place at the time of your husband's death, you will be entitled to all his estate up to £250,000. If his estate is worth more than £250,000 you will be entitled to the first £250,000 and all his personal possessions and the remainder will be split between you and any children or his living relatives or siblings. To clarify, if your name is ***** ***** the legal title of the property you will no longer have a legal interest, but you will have an interest arising out of the marriage.Please provide a positive rating if you found this information helpful. I will not be credited with answering this question without a positive rating. Thank you
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