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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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I am estranged from my husband but live in the same house.

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I am estranged from my husband but live in the same house. I have owned the house since 2000. In 2006 I allowed him to put his name on the deeds as he said he felt like a lodger. By 2010 we became estranged but I could not afford to pay him off as I was having treatment for cancer and only working 16 hours a week . I have put up with long silences , no contribution financially and he only pays the council tax. Last August he became bankrupt and now I may have to sell my home to pay off his debt. And there is no way I will do that. I could possibly get £20000 together via my family but I want his name off the mortgage. This is something he will not do. Will I lose my home?
Hi, thank you for your question. Unfortunately you are in a difficult position. Your husband has rights arising out of the marriage to occupy the home as it is the former matrimonial home, and he also has a legal interest as his name is ***** ***** title of the property. If he does not agree to take his name off the property and mortgage (in any event taking his name off the mortgage is for the mortgage company to agree to based on affordability), then you need to pursue an application to court.The way to do this is through divorce proceedings. As part of the divorce you will need to reach a financial settlement, initially this should be attempted either through negotiations or mediation (you can find independent mediators here: If a settlement is agreed this can be submitted to court under a consent order (together with a D81 form outlining your respective financial positions). Once the Decree Nisi is granted for the court to assess whether it is a fair settlement for everyone.If this does not progress you should then proceed with an application to court under Form A for financial relief. This would include consideration of all your assets and financial position, as well as your needs, as well as his financial position and needs and the court will decide what is fair when considering the criteria below. The starting point is a 50-50 split of all matrimonial assets and ensuring that both your needs are met in relation to both assets and income. The criteria considered is:1. The income, earning capacity, property and other financial resources which each of the parties to the marriage has or is likely to have in the foreseeable future, including 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;2. The financial needs, obligations and responsibilities which each of the parties to the marriage has or is likely to have in the foreseeable future;3. The standard of living enjoyed by the family before the breakdown of the marriage;4. The age of each party to the marriage and the duration of the marriage;5. Any physical or mental disability of either of the parties to the marriage;6. 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;7. The conduct of each of the parties, if that conduct is such that it would in the opinion of the court be inequitable to disregard it;8. In the case of proceedings for divorce or nullity of marriage, the value to each of the parties to the marriage of any benefit which, by reason of the dissolution or annulment of the marriage, that party will lose the chance of acquiring. You should be aware that if he has debts that arose in relation to spending for the family, then a court is likely to agree that you should contribute towards these debts.If you have any further questions regarding this please let me know. In the meantime if you found this information helpful please provide a positive rating. I will not be credited for answering your question without a positive rating. Thank you
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