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ukfamilysolicitor
ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 1494
Experience:  Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
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My wife and I are still married and have a son of 5 years.

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Hi There. My wife and I are still married and have a son of 5 years. The family home is in trust with my wife's side of the family. The house does not currently have a mortgage. We also have another property which we both own 50/50. My wife is happy for me to own the 50/50 property with just my name as it was my parents property beforehand. I am happy for her to retain the family home as it is in her name. We do have a mortgage on the 50/50 property currently, my wife is happy for me to take over all the ins and outs goings for this as I have a business which I run from the mortgaged 50/50 property. And I am happy to carry the mortgage on. My wife has asked me to move out because we are hopefully going to have a collaborative divorce and we have both instructed our solicitors of this. We still have a joint bank account which is paying some of the bills. Do I have any right to just up and leave without a binding document to say I need to move out. Is my wife trying to pull wool over my eyes. We are not arguing, fighting at all but our conversation is very small and it seems like she is desperate for me to leave. Although, I do feel like I am being pushed out the family home and just wondered where I stand with the current situation. Do I move out or not?

Hello

Welcome to Just Answer

I am a Solicitor and will assist you.

It is nice to hear that matters are quite amicable between you and that you are both working towards a resolution in respect of the matrimonial finances.

If you do decide to move out and the issue of matrimonial finances comes to a 'sticking point' and agreement isn't likely to be reached without the issue being determined by a court then you can rest assured that family court Judges have a very wide discretion when it comes to dealing with the matrimonial finances and the current matrimonial home will be included in the matrimonial assets, for determination by the Judge as to division. Family court Judges can look behind Trusts and include assets if they truly are an asset of one of the parties to the marriage.

You could also seek to register a matrimonial homes rights notice to protect your interest until the matrimonial finances are resolved. This is free to do with the Land Registry on this form:

https://www.gov.uk/stay-in-home-during-separation-or-divorce/overview

https://www.gov.uk/government/publications/notice-of-home-rights-registration-hr1

If the property isnt in your wife's name and the Land Registry don't register the homes rights notce as a result of this then you can seek the help if a conveyancing solicitor to put a charge on the property until the issue of the finances has been resolved.

Kind regards

Caroline

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