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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 14136
Experience:  I have been practising for 30 years.
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I have question about divorce, yes, i received financial

Customer Question

I have question about divorce
JA: What steps have you taken? Have you filed any papers in family court?
Customer: yes,
JA: 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: i received financial statement form E from him
JA: Anything else you want the Lawyer to know before I connect you?
Customer: i would like to know how to fill in part 2, total interest of family home
Submitted: 17 days ago.
Category: Law
Customer: replied 17 days ago.
Hi I have question about financial statement form E part 2
Customer: replied 17 days ago.
currently kids and I live in our family home which solely owned by my husband, and he lives in the flat which joint owed by us. can i put 100% interest for family home and 0% interest for the flat he currently lives?
Customer: replied 17 days ago.
is anybody there?
Customer: replied 17 days ago.
is anybody there? Hello??
Expert:  F E Smith replied 17 days ago.

Good afternoon. I will assist with your question - please be aware this is an email not chat service therefore maybe delayed in replying.

for background -

how long have you been together and married in total?

how old are the children?

who's name(s) on the mortgages?

what is your preferred outcome if possible?

Customer: replied 17 days ago.
we married 10 years and have two children age of 8 and 10
Customer: replied 17 days ago.
we don't have mortgage
Customer: replied 17 days ago.
we married 10 years and have 2 children age of 8 and 10
Customer: replied 17 days ago.
I want to ask can I put 100% interest for our family home where kids and I currently live ( market value 220K), and no interest for joint owned flat (market value 120K)
Customer: replied 17 days ago.
our family home is solely owned by my husband
Customer: replied 17 days ago.
hello??
Customer: replied 17 days ago.
Hello???
Customer: replied 17 days ago.
Hello, is anybody there to answer my questions?
Customer: replied 17 days ago.
Hello ???
Customer: replied 17 days ago.
Hello, I expecting there will be delay for answer, but it can't be an hour late, what's going on?
Customer: replied 17 days ago.
hello
Expert:  F E Smith replied 17 days ago.

I am sorry, but this is not a chat service. It’s an email reply board and therefore there may be a delay getting back to you because we have clients and travelling and other users to deal with. I did warn you there may be a delay, when I replied to you earlier at 1:52

Sometimes we will get back to you in minutes, other times it will be longer.

Compared to trying to get a reply from a solicitor that can be days or even weeks, an hour or a couple of hours delay is nothing in the whole scale of things. I’m afraid it’s unavoidable because we have travelling in clients and other users and as you appreciate, it takes time to write out an answer.

 

The section refers to legal interest and beneficial interest.

The legal interest will either be joint tenants or

equitable interest: tenants in common and if it’s tenants in common whether it’s in equal shares or different shares.

Beneficial interest is the financial interest.

So you would have a legal interest in the marital home of 100 percent as joint tenants, with the beneficial interest of £%

and for the other property, if it’s joint names you have a legal interest of 100 percent as joint tenants with the beneficial interest of £0% if you claim no interest in it.

It isn’t possible to split the legal title so you would both own 100 percent of the legal title.

 

Can I clarify anything else for you?

 

I am happy to answer any specific points arising from this.

 

Please take a moment to look at the top right-hand corner of the page and rate my service by clicking one of the stars at the top of the screen.

 

You may need to login again to use the rating service. Although it says "rate to finish" it doesn't close the thread and we can still exchange emails.

 

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There is also an experts incentive scheme whereby the more 5 star ratings I get I do actually get a pat on the head!

 

All you need to do is press Submit.

 

Thank you.

Customer: replied 17 days ago.
Hi Smith, thanks for your reply, but I m not really understand what do you mean. Kids and I currently live in family home which solely owned by my husband, and my husband lives in a flat which joint owned by me and him, my question is: can I put 100% interest of our family home and give up shares for the flat?
Customer: replied 17 days ago.
To make it simple, what I want is the house we are living to be transfer to my name and take my name off from the flat, is it alright to do in this way?
Expert:  F E Smith replied 16 days ago.

You can agree what you like between you, and that would include what you propose if he will agree. Otherwise there is no problem at all doing what you are suggesting.

However one of the things that you need to stop is your husband remortgaging or selling the house that you live in, the matrimonial home, from underneath you.

A non-owning spouse needs to immediately register a Matrimonial Home Right Notice against the property.

It will stop the other spouse spouse selling or remortgaging the property.

The form to send to the land registry is here:

 

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

 

the owning spouse spouse will get notice of the application but cannot do anything about it if this is the matrimonial home.

 

The application is free.

 

It is the matrimonial home and it doesn’t matter whether it’s in one sole name or the other sole name or joint names, each spouse has the same financial interest in it.

 

The name on the deeds is irrelevant if the couple are married. It may not necessarily be 50-50 because that depends on a whole variety of different facts such is the needs of the parties, the length of the marriage, needs of children et cetera.