How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask UKfamsol Your Own Question

UKfamsol
UKfamsol, Solicitor
Category: UK Family Law
Satisfied Customers: 480
Experience:  Woman solicitor, qualified in 1994, specialist in family law, accredited with Resolution
40487810
Type Your UK Family Law Question Here...
UKfamsol is online now
A new question is answered every 9 seconds

I am divorcing my wife, and we have agreed I

Resolved Question:

 I am divorcing my wife, and we have agreed I have custody of the children. We have agreed to keep the family home, as she wants a place of her own. We have had the house valued and have almost agreed the financial settlement. I have no issues whatsoever with my wife living in the home, as I work abroad, the house is in my name, however my wife sent me an email regarding a B94-1 notice of application? What does this mean as I have told her and so has my lawyer that she can stay in the house as long as she wants? The children go to boarding school if that makes a difference? Does this also mean her boyfriend can live in my house.

Submitted: 1 year ago.
Category: UK Family Law
Expert:  Wendy-Mod replied 1 year ago.
Hello,

I'm Wendy, and I’m a moderator for this topic. I sent your requested professional a message to follow up with you here, when they are back online.

If I can help further, please let me know. Thank you for your continued patience.

Best,
Wendy
Customer: replied 1 year ago.

Wendy,


 


Why is it taking so long for an answer?

Expert:  Fran-mod replied 1 year ago.
Hello,

You have requested a particular expert. She may be away from her computer this weekend. If you would like us to open your question to all other UK experts, please let me know and I will try to find you another professional.
Customer: replied 1 year ago.

Yes please can you open up to all UK experts as i have paid already.

Expert:  Fran-mod replied 1 year ago.
Your question is now open to all UK legal professionals.
Expert:  UKfamsol replied 1 year ago.
Hello and thanks for your question.

Well done for being on the verge of reaching an agreement on all financial and property matters - which includes your assurance to your wife via your solicitor that your wife can stay in the former matrimonial home even though it is in your sole name.

Unfortunately such an assurance - even on solicitor's headed notepaper - is not legally binding. Only the final court order will be (which may be an order by consent called a "consent order"). As the house is in your sole name, you could in theory sell the house at any time without your wife's knowledge or consent - until there is a court order which says that you cannot.

The document you have referred to is the registration of your wife's matrimonial right of occupation at the Land Registry. As a spouse, she has a matrimonial right to occupy the matrimonial home - until the court orders otherwise. By registering that right at the Land Registry, she ensures that any potential buyer will be aware that there is an ongoing matrimonial case, which will put off a potential buyer,so the sale will not go through. It does not mean that she is reneging on any agreement reached so fare - she is simply protecting her position until a final court order is made.

When a couple divorce, no one expects them to stay single. Each party to the divorce is entitled to have a social life which may include forming a new relationship and potentially deciding to live with them.

With regard to the effect your wife having a new partner to live with her, this rarely has any effect on the way in which the matrimonial assets are divided between the divorcing couple. But is often can have an effect on maintenance.

So, if the agreement is that the house is to be transferred into your wife's sole name, then fact that she plans to live there with her new partner will have no effect, if the house being transferred to her part of her fair share of the assets.

If the agreement was to include any spousal maintenance, you would have a strong argument if her new partner is to live with her, her maintenance should either be reduced to zero, or at least to a nominal amount of say 5p per year, while-ever they are together.

If the agreement is not that the house is to be transferred into her sole name, but that she is to live there until the children have grown up, or until such other event happens eg she gains a specified qualification which will improve her earning capacity, you can also include a clause to say that the house to be sold if she remarries or cohabits with another man for a period of 6 months in any 12 months.

I hope this helps and I wish you the best of luck.

I hate to specify - but please rate my answer ok, good or excellent - or I get nothing for my time!!! (so the website keeps all).)

Thanks and best wishes...

UKfamsol, Solicitor
Category: UK Family Law
Satisfied Customers: 480
Experience: Woman solicitor, qualified in 1994, specialist in family law, accredited with Resolution
UKfamsol and 4 other UK Family Law Specialists are ready to help you
Customer: replied 1 year ago.
Thanks for your response, my wife will move out of the property eventually, say 3 months time. We have agreed I will keep the house and I have sole custody of the children. What I don't want is for her to bring her partner to the house whilst she is in my house.

I have no plans to sell the house, all I want to ensure is that she cannot bring her boyfriend to live in the house now that she has applied for B94-1

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
< Last | Next >
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
  • I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks! Ms. Baker Alfafar, Spain
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie USA
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Barrister

    Satisfied Customers:

    779
    Over 5 years in practice.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RE/Remus2004/2012-4-22_93111_2bigstockPortraitOfConfidentFemaleL6943985.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    779
    Over 5 years in practice.
  • http://ww2.justanswer.com/uploads/hartsol/2009-08-11_134750_s629545647_1406287_2616.jpg jusleen's Avatar

    jusleen

    Family Lawyer

    Satisfied Customers:

    609
    Qualified Family Solicitor practising family law since 1999. Member of resolution.
  • http://ww2.justanswer.com/uploads/griffintigger/2009-2-20_19450_jo1.jpg Joanne B's Avatar

    Joanne B

    Family Solicitor

    Satisfied Customers:

    405
    Qualified 1999 with over 12 years experience in Family Law.
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Solicitor

    Satisfied Customers:

    400
    BA (Hons), PgDip, Practising Solicitor
  • http://ww2.justanswer.com/uploads/UK/UKfamsol/My face July 2011.64x64.jpg UKfamsol's Avatar

    UKfamsol

    Solicitor

    Satisfied Customers:

    302
    Woman solicitor, qualified in 1994, specialist in family law, accredited with Resolution
  • http://ww2.justanswer.com/uploads/JO/Josh2010/2012-4-29_19490_GettyImages80121770B.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    232
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg INC's Avatar

    INC

    Solicitor-Advocate

    Satisfied Customers:

    179
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)