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Ross Miller
Ross Miller,
Category: Law
Satisfied Customers: 598
Experience:  Director (Litigation and Mediation) at Hilltop Solutions
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My question is this: Husband registered matrimonial home

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Hello, My question is this: Husband registered matrimonial home rights. He moved out at the beginning of the year and doesnt pay mortgage. Even when he was here sometimes he paid sometimes he didnt. This was despite enjoying a good income. He would say it was my house and so he wasnt obliged to pay.
Assistant: What steps have you taken? Have you filed any papers in family court?
Customer: My solicitor sent him divorce papers. No response
Assistant: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county do you live in?
Customer: Northamptonshire
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: I am training to be a teacher. Now on a low income and the home rights prevents me from borrowing against the house or selling
Customer: replied 4 days ago.
Now I am going to retrain as a teacher so I can be with our son easily. I need to get some money against the house which I cant do now
Customer: replied 4 days ago.
When the house needs repairs its my house but he doesnt pay for it and I am prevented from doing anything..
Customer: replied 4 days ago.
I wld like to see if i can have the rights removed
Customer: replied 4 days ago.
without being divorced
Customer: replied 4 days ago.
He said he doesnt want to remarry so he wont sign the divorce anytine soon
Customer: replied 4 days ago.
Even if I have to sell..which I'm not sure of
Customer: replied 4 days ago.
but the house needs repairs anyway
Customer: replied 4 days ago.
and I need money to help with the teacher training etc

Hello my name is Ross and I can help with this matter if you are still looking for help,

 

please note there may be delays between messages as the experts on this website are all third party and are not on here full time.

 

Thank you.

Customer: replied 4 days ago.
ok

Can I ask what you mean by he registers matrimonial home rights? Is the home solely in your name and id you buy it before you were married?

Customer: replied 4 days ago.
The mortgage is in my name. Bought after we married
Customer: replied 4 days ago.
Registered a charge. Notice of home rights under Family Law Act
Customer: replied 4 days ago.
Family Law Act 1966

I see this means that it will be considered matrimonial property which complicates the situation somewhat. The answer to your question is no, you cannot have his rights removed as you cannot simply overwrite statutory legislation (the law). However, you may be able to stop him from having a 50% right to the home, but this will require you to show in evidence what you have said. If you can show that you have paid the mortgage and the repairs, expansions etc to the home and he has barely contributed then this can be "evened out" in distribution of the estate. However, there are other options you have if he does not want to divorce, but being honest you are going to have to instruct a family solicitor. One thing that you will want to do is check how the deeds to the house are split, this may sound strange but you can own 100% of a house jointly, or you can both own 50% each ( I really hope that makes sense) if it is the latter then you may be able to secure some equity against your half without him having any say, but this does mean that this would come off your half upon sale. The only other way you can force a sale for example will be to have a court decree what is to happen. Another option you have is to look at spousal maintenance however, this will require an in depth look at what you may be entitled to from you ex. All of these things will require legal work and as I already stated I think you are going to have to instruct a family solicitor hopefully you may be able to mediate the situation with your ex partner. I wish I could give you a more definitive answer, however, these are some of your option and I hope that I have managed to shed some light on what is potentially a complicated issue.

I hope this information has helped. You can find a local solicitor who deals with this on the law society webpage which is;

 

https://solicitors.lawsociety.org.uk/

 

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Kind regards

 

Ross

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