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Ask Clare Your Own Question
Clare, Solicitor
Category: Property Law
Satisfied Customers: 34905
Experience:  I have been a solicitor in High Street Practise since 1985 with a wide general experience.
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I'm hoping you may be able to help with a query. My husband

Customer Question

Hi, I'm hoping you may be able to help with a query. My husband and I bought a house in 2005 (we were not married at the time). we got married in 2008. My name is ***** ***** the deeds of the house we bought in 2005 (we rented it out from 2008 - 2013) when we bought a 2nd property together. We sold the 2nd property when we separated in 2013 and he moved back into the original property. Now we are getting divorced, am I entitled to any of the house he lives in if my name is ***** ***** the deeds? Many Thanks in advance
Submitted: 2 years ago.
Category: Property Law
Expert:  Clare replied 2 years ago.
Thank you for your question
My name is Clare
I shall do my best to help you but I need some further information first.
How long have you loved together in total and are there any children at all?
Customer: replied 2 years ago.

Hi Clare,

Thank you for coming back to me. Below is a brief history of our living arrangements:

2004 - 2005 - together in rented accomodation

2005 - 2008 - together in the house we bought together (but is in his name)

2008 - got married and bought our 2nd property, rented out original property

2008 - 2011 - together in new property bought in both of our names

2011 - Sold 2nd property, and split the profit, he then moved back to original property and I went into rented accom.

2011 - 2014 - lived apart

Nov 2014 - together in original house house.

We don't have any children, we are not yet divorced and have not started proceedings.

Please let me know if you need anything further.

Many Thanks


Expert:  Clare replied 2 years ago.
The fact that property is held in his sole name is ***** ***** to the issue of settlement
You have matrimonial Home Rights on the property and the right to remain there so long as you are married.
In addition a ten year relationship makes a straight 50/50 division of all the assets the most likely option
I hope that this is of assistance - please ask if you need further details