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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 son & D-in-Law have divorced after 20 years of marriage,

Customer Question

My son & D-in-Law have divorced after 20 years of marriage, she went 18 months ago to work in Zurich. Their house where my son is still living & has run his acupuncture clinic from for at least 10 years has a mortgage on it. After she left my son found out his name was not Registered as joint owner, it was bought after they married, & the mortgage is solely in her name. She has said she will pay all the mortgage if he agrees not to claim anything from the sale of the property. But he needs a home & place to run his business from. He's been told to stay put as he never signed a lease or rental agreement on the property, and that the Law is not happy about depriving a person of the place from which they earn their livelihood. What should he do?
Submitted: 1 year ago.
Category: Law
Expert:  Harris replied 1 year ago.

Hi, thank you for your question. Just a bit more information required to fully assist you:
-Are they in England or Wales?
-Do they have any children together, if so their ages and proposed arrangements?

Customer: replied 1 year ago.
The house they bought when married is in Peterborough Cambs, England. My son still lives & runs his Acupuncture Clinic from there. His ex-wife moved to Zurich for her business, setting up Customer Internet for a Swiss Bank. They have one son who is 8,he'll be 9 on 10th August, & went to Zurich with his mother, but is having a problem learning German. His Father would have him back in England if the Zurich Court would agree, but apparently the law changed about a year ago & although born & bred in England he is now classed as a Swiss Resident. She was told in an English Court the father must be given 50-50 access, telephone & Skype contact. For the first time in 18 months without any telephone or Skype contact his mother allowed us to have him last week but will not allow any more. His mother still pays tax on her business in England, but holds a work permit. On the 5th August, she insists my son go to Zurich for a Financial discussion. Her Solicitor sent a 21 page document which boiled down to she will pay the remainder of the mortgage which is solely in her name if my son leaves the property he lives & works in with no claim on the sale of the Property or her Pension & ISA (for which contributions were made all through their marriage). She also took out 5 Life Insurance Policies on my son which he knew Nothing about ranging from £75,000 - £100,000 on which premiums have been paid for the last 10 years. My son owned 2 houses which we'd helped him buy & Let. She hated Tenants & insisted they be sold 1 made £90,000 & my husband & I bought back the 2nd for £240,000. After Capital Gains Tax every my son put every penny into Improving & Extending the marital/business home. He has no pension ISA or Savings Accounts. The only money he will have is from a Financial Settlement.
Thank you for any advice you can give, Pat Corcoran
Expert:  Harris replied 1 year ago.

Thank you for confirming. Your son should not be worried. As they are married and the home was the former matrimonial home, he has matrimonial home rights arising out of the marriage. This entitles him to continue occupying the property until divorce and he should consider registering this interest on the title using form HR1 to the land registry. She will be served with notice of this registration. Once registered, his interest will be reflected on the title and can delay or prevent any sale of the property. Furthermore, as part of any divorce there must be a financial settlement if there are assets and all matrimonial assets will be considered as part of any settlement in accordance with the relevant statute and case law.

I hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for your question without a positive rating. Thank you.

Expert:  Harris replied 1 year ago.

Hi, this question remains open. If you found my information provided helpful please could you rate my response positively using the stars at the top of this page as I will not be credited for my response without a positive rating.