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Stuart J
Stuart J, Solicitor
Category: Law
Satisfied Customers: 26408
Experience:  Senior Partner at Berkson Wallace
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My husband has a home he jointly owns with his sister, I've

Customer Question

My husband has a home he jointly owns with his sister, I've been married to him for 12 years and have 3 small children together. This home was my marital home for 10 years, eventually I was bullied out of living there by his mother. I now rent a flat with him, do I have any right over this home?, can I put a hold on his 50% of the home to protect my children's futures? As till this day they fill his ears with nonsense and I am worried he'll sign over his share.
JA: What steps have you taken? Have you filed any papers in family court?
Customer: No, I have done nothing so far
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: UK, London
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: No nothing else
Submitted: 9 days ago.
Category: Law
Expert:  Stuart J replied 9 days ago.

Hello. Thank you for the question. It is my pleasure to assist your with this today.
I have been in the legal profession, in high street practice, for 30 years so I have wide range of experience in a great many different aspects of law.
Please bear with me and I will be online and off-line from time to time and therefore, may be delayed getting back to you. You will receive an email when I reply.

Expert:  Stuart J replied 9 days ago.

To clarify - you and your husband were bullied out of this property?

in who's name(s) is mortgage and who pays?

why has the mother done this? has she moved in or was she always there?

how old are the children?

and you fear they will say the whole house is now theirs?

Customer: replied 9 days ago.
I lived with my husband and in laws there for 10 years, I came when I married him so it was my marital home at the time. His family were always there. My mother in law was difficult for all those 10 years (emotional abuse, control etc.) and eventually bullied me and my kids out, I went to my mums initially and eventually privately rented with my kids and my husband came to live with me then.The mortgage is in my husband and sister in laws name, they have paid it the whole time.My children are 5, 7 and 10 years of age.They have tried to get him to take his name off the deeds before my playing mind games etc. Thats why I am asking do I have any rights to make sure this never happens
Customer: replied 9 days ago.
Him and his sister are joint owners
Expert:  Stuart J replied 9 days ago.

Thank 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.

However you cannot put a Matrimonial Home Right Notice in a property which is not the marital home. Assuming that it was not the marital home but it was simply just another property somewhere, your husband could actually force a sale of the property.

No one can be compelled to continue to own/have money in a property which they no longer wish to own ( or in which they have a financial interest but not named on the deeds) and they are able to force a sale through the courts if necessary.

The remedy is to make an application to court for an order for sale under section 14 of the Trusts of Land Appointment of Trustees Act (the Act).

Anyone wishing to sell may find that a strongly worded letter from a solicitor threatening a court application and an application for costs, may focus the mind without actually having the need to get to court.

Check house insurance to see if there is legal expenses cover that would pay for the legal cost of taking the matter to court.

The wording of the application is along the following lines:

Therefore the claimant makes a claim pursuant to s.14 Trusts and Land and Appointment of Trustees Act 1966 (TOLATA) pursuant to Part 8, for the following

i A declaration that the Claimant and Defendant are 50:50 beneficial owners of the property, (or whatever percentage a claimant is looking at depending on whether there is a declaration of trust, it’s tenants in common in different shares or depending on any financial input into the property if the property is only one name.)

ii That the property be sold:

iii That there be an adjustment of the financial shares to account for the additional money spent by the Claimant in respect of (for example) repairs, improvements, the council tax, electricity and occupation rent for the period of time the Defendant has enjoyed sole use of the Property.

iiii Costs

If I were advising anyone who has received a letter threatening an application to court under the Act and an application for legal costs, I would tell them to get the agents sign up immediately and cooperate with the sale because if they make the court application, they are likely to get it and they are likely to get costs awarded against them.

It is often the case that a robustly worded letter from a/your solicitor threatening a court application and an application for costs, may resolve the issue without the need to go as far as court.

On your house insurance you may have legal expenses cover that would pay for the legal cost so it’s worthwhile checking. Some do and some don't.

With regard to your financial interest, he may think he is being cute by having it in his name and his sisters name but it’s not, your financial interest, in the event you split up, is exactly the same.

Indeed, even if he transferred his shirted sister, and you are getting divorced, you could apply to court to have that transfer set aside on the basis that he only did that to disadvantage you and to put the marital assets beyond reach because after all however you dress it up, this year of the property, after 12 years, is a matrimonial asset.

What will happen with regard to the division of marital finances is that everything will be lumped in together including pensions. With regard to pensions you will need a Cash Equivalent Transfer Value (CETV) which converts the pension to a lump sum for the mathematical calculation. You cannot get hold of that money but it converts it to a theoretical cash equivalent.

All the value of the assets are then lumped together and there is a division which starts off at 50-50 and it would then be adjusted in favour of one spouse or the other spouse depending on the needs of the parties, how long they have been married, where the money came from, et cetera et cetera.

Not just the length of the marriage would be taken into account but also any length of time together before marriage because it would be unfair if the couple were together for 29 years and only married for one year before splitting up (not uncommon) to be treated in the same way as a couple who had a whirlwind romance got married, were married for 12 months, and then split up. So the whole length of the relationship would be taken into account.

It’s largely a mathematical thing but does look at needs after divorce.

Even if everything is being divided down the middle, it’s not really a case of dividing it down the middle, all the assets wouldn’t be split 50-50 but, for example one person may keep the house and the other for example could have the savings and the pensions.

Thank you for letting me assist you with your legal question. I am glad that I was able to help.

I am not certain whether that answers the question for you or not, but I am happy to answer any specific points arising from this.

It will be my pleasure to help you again either further with this or any future questions you have

Kind regards

Stuart

Customer: replied 9 days ago.
Thank you for the Information, just to clarify it was my marital home but is no longer, So you are saying I still have some rights even though it is no longer my marital home?
Expert:  Stuart J replied 9 days ago.

You have a substantial financial interest in your husband’s share of the property by virtue of the fact that it is his and you are married. You don’t have a right to put a matrimonial home right notice on the property because it is not your matrimonial home and he owns with someone else...

The notice doesn’t give you a financial interest in the property, even if you could have it, it just gives you the right to live in it. Nonetheless, it does have the effect of stopping the sale while the finances are sorted out

It's my pleasure to help. I’m glad that I was able to help so far. Thank you for trusting Just Answer with your legal problem. Can I help you any further with this? I'm happy to clarify anything which is outstanding. Please don't hesitate to ask. Kind regards Stuart

Customer: replied 9 days ago.
Okay thank you for your help
Expert:  Stuart J replied 9 days ago.

Thank you. My pleasure

If you don’t have any further questions, I will mark this question thread as complete but don’t worry, the thread stays open if anything else crops up over the course of the next days weeks or months.

I’m glad that I was able to help.

Thank you for trusting Just Answer with your legal problem.

Kind regards

Stuart

Expert:  Stuart J replied 9 days ago.

Hello again. If you don’t have any further questions, I will mark this question thread as complete but don’t worry, the thread stays open if anything else crops up over the course of the next days weeks or months. I’m glad that I was able to help. Thank you for trusting Just Answer with your legal problem. Kind regards Stuart