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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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My husband has left me, he owns the house, it's in his name

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My husband has left me, he owns the house, it's in his name be because I had a mortgage on another property at the time we bought this house I had to sign something, I can't remember exactly what it was something for the mortgage that meant I had no claim on the property I think...
Anyway, I have 2 children 14, 10 from another marriage so the husband that just left isn't their father but do the laws still apply? He marriage this package, he took on these girls, does he still have a responsibility towards them? He seems under the impression that we have to leave his house. I'm pretty sure we have some rights?
Hi, thank you for your question. In relation to the home in his sole name, if it was the former matrimonial home then you will have matrimonial home rights (so rights to occupy the property) until divorce - you can register this interest using form HR1 with the land registry and once registered he will be given notice of the registration. You will have rights to financial relief application alongside a divorce, if this proceeds.In relation to your two children, your husband has no automatic obligation to maintain your children. Alongside a financial relief application, if they were treated as children of the family then you can argue that he should provide for them financially if he had taken such a role during the marriage.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
Customer: replied 1 year ago.
Thank you, ***** ***** that was the case. I don't expect him to maintain my children, but I walked away from the house I owed with my former husband to speed up proceedings with divorce to marry him. He knew I would be left with nothing so I feel like he should be responsible for that. This house is our home and I have no money to rent somewhere so think he should have to take the consequences of that. It's not my choice for him to leave so why should my children have to suffer.
If I refuse to divorce him, how long do I have before he can force me?
If he applies under unreasonable behaviour you are able to defend the divorce if you do not agree that the marriage has broken down, however, 99% of defended applications end in the divorce being granted so it is only delaying the inevitable if he proceeds.Once the divorce application has been issued you would be able to apply for financial relief which will consider all of both your assets and financial positions and deal with division of assets and a financial settlement.
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