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Harris, Law Specialist
Category: Property Law
Satisfied Customers: 2851
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I was forced to move out of the family home during divorce

Customer Question

I was forced to move out of the family home during divorce but I still contribute towards the mortgage .my ex wife says the house is hers the building society says it's still joint what rights do I have
Submitted: 2 years ago.
Category: Property Law
Expert:  Harris replied 2 years ago.
Hi, thanks for your question.
As it was the former matrimonial home, both of you have rights to occupy the property, and also to claim a share of the property as part of a financial settlement alongside the divorce.
Have any court orders been made, and whose name is ***** ***** registered in? It would appear that the mortgage is in joint names if the building society are stating that it is a joint mortgage.
If you do not know whose name the property is in you can do a check here: If your name is ***** ***** the title you can make an application under Form HR1 to register your matrimonial home rights.
As stated above, as part of the divorce a financial settlement will need to be reached and approved by the court. This will consider all assets and income, as well as any children's needs, your needs and her needs when reaching or approving an agreement to see if it is fair for all parties.
Can you confirm if there are any other assets and if divorce proceedings have started?
Expert:  Harris replied 2 years ago.
Hi, this question remains open. Please rate my response positively if you found it helpful - I will not be credited for answering this question without a positive rating. Thank you!