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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 been married two years and have a 4 year old son. My

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I have been married two years and have a 4 year old son. My husband wants a divorce and to sell the house. I don't want to sell the house. Am I legally entitled to remain in the house. My husband is the only person on the mortgage as I was on a mortgage with an ex-partner at the time of the house purchase, although we moved in at the same time and I contributed half to everything
JA: What steps have you taken? Have you filed any papers in family court?
Customer: nothing yet - we only just agreed to separate this week
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: We live in Mold, Flintshire
JA: Anything else you want the Lawyer to know before I connect you?
Customer: just my rights regarding the house - I don't want to sell it and want to remain in the house with our son

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

how long were you together before you married?

are you the main carer?

can you afford to pay the mortgage and bills alone?


Customer: replied 15 days ago.
thank you for getting back to me

We have been together just over 5 years, at the moment we are joint carers and have both families helping us with childcare whilst we are out working. Our son also attends nursery
I would be able to afford the mortgage and bills alone, but the mortgage is not currently in my name

Unless a sale of the house produces enough money for the parent looking after the child(ren), the resident parent, until the youngest reaches 18 and produces a surplus for the non-resident parent, the sale of the house is not on the cards until the youngest child reaches 18.


Both parents are under a duty to provide a home for dependent children until they reach 18. Only then would the house be sold.



My advice is: stay put.


If the house is not in joint names, 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:


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.


That only applies in respect of your name on the deeds, if you are not on the mortgage, but you are on the deeds, leave it as it is. Nothing to do.


A person is not responsible for the mortgage or rent or the bills of a house that they do not live in although they remain liable to the lender or landlord if the other person stays in the property and doesn’t pay the mortgage or rent.

In that case, the non-occupier would be entitled to recover any mortgage or rental payments made by the non-occupier, from the occupier within the finances of the breakup of the relationship/marriage.


Can I clarify anything else for you?


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


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Thank you.


If you still need any points clarifying, I will still reply because the thread does not close.


Best wishes.










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