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Hello, welcome to Just Answer! My name is ***** ***** I am a London based practising barrister with over 15 years experience. I am happy to assist you today. I may need to ask you some questions in order to determine your legal position and I will provide you with an email advice on the same day. Thank you.
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I am very sorry to hear about your experiences.
Are you considering a divorce? If you are, you will need to consider how you want to split your finances and custody for the children and make court applications accordingly. However, if he is a cash earner it will be very different to establish his income / savings even if you take him to the court.
In regard to your flat, is it a rental or owned property?
I am available this afternoon and yes I do respond to questions over the weekend as well. Is that what you prefer?
That's fine. It doesn't have to be an instant chat, you can respond when it suits you.
In regards ***** ***** property, legally speaking your husband will have an interest over it because you are married. It might not necessary be 50% but he has the right to stop any transactions without his consent.
Unfortunately, under the English law, your husband can apply to register his home rights, which would result in you not being to sell or rent out the property without his consent, until the divorce financial proceedings is finalised.
I am sorry if this is not the answer you were hoping to hear.
When the couples are married, it is irrelevant whether the property is under your sole name or you are the only person paying for bills unfortunately. His rights would only come to an end if:-
If you are not amicable, you can consider buying him out and ask him to give up his rights.
Thank you for using Just Answer and for allowing me to assist you with your legal enquiry. Please do not hesitate to come back to me for further advice on this or any other legal matter. It will be my pleasure to be able to assist you again.
Good morning. Order of the court means you have to go through divorce finance proceedings and the judge makes an order about what should happen to the property.
Release in writing means you will need him to confirm in writing that he does not want to exercise his home rights after he's registered his rights with the land registry.
I hope this helps.
I can’t find you. Yes let’s just carry on here, sorry.
I see. It’s weird as a simple land search would have revealed whether your husband has registered his rights.
It might just be something they do to ensure there are no future disputes
I see no reason why he will find out. If he refuses to vacate the property you might have to get a court order to evict him.
Yes, it's your responsibility to make sure the property is vacated. Otherwise you will be in breach of the contract.
Hi, I am sorry but this thread has really gone on for too long now. I cannot keep answering hypothetical questions, I hope you understand. As explained before, each thread is limited to one issue. If you have further question you will need to make a new request for me to provide advice Thank you.
Thank you. If you rate this question now I will be able to close it manually. Thank you.
Got it :)