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Thomas
Thomas, Lawyer
Category: UK Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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I have moved out of our house to give my wife some space does

Resolved Question:

I have moved out of our house to give my wife some space does this mean i will lose any rights to our house
Submitted: 6 years ago.
Category: UK Law
Expert:  Thomas replied 6 years ago.

Hi,

 

Are you named as joint proprietor of the legal title for the property at the Land Registry?

 

Are you to divorce or is it all a bit up in the air at the moment?


Tom

Customer: replied 6 years ago.

Yes i am joint proprietor on the deeds at the land Registry.It is up in the air at moment but I think it will end soon.We are both being ammicapable about it at the moment.

 

Shaun

Expert:  Thomas replied 6 years ago.

Hi Shaun,

 

Thanks for your reply.

 

If you are named a joint registered proprietor then the house cannot be sold without your consent because you would have to sign the contract and land registry transfer form.

 

In the absence of a Court order to the contrary each party has a right of occupation which neither can deny the other.

 

It is in your interests to see that the mortgage repayments are maintained, if it falls in to arrears then there is a possibility that the lender will take enforcement action by issuing possession proceedings.

 

If you divorce a matrimonial settlement will have to be agreed in respect of the matrimonial assets which would include the property. If you are continuing to meet the mortgage repayments (or your share thereof) then your not being resident there will not significantly impact on the terms of the settlement.

 

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Kind regards,


Tom

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