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Clare
Clare, Solicitor
Category: UK Property Law
Satisfied Customers: 28392
Experience:  25 years exeperience
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Hi, Ive got the same problem here. My estranged wife (separated

Resolved Question:

Hi,

I've got the same problem here. My estranged wife (separated six weeks ago) has applied for an application for a home rights notice. She will have no evidence of contributing to any costs in the home. I purchased the house before we even lived together, she never paid a single bill. What can be done to have this removed? Will she have to produce hard evidence, copies of bills etc in order to make this application successful?
Submitted: 11 months ago.
Category: UK Property Law
Expert:  Clare replied 11 months ago.
Hi
Thank you for your question.
My name is XXXXX XXXXX I will do my best to help you
I have bad news I am afraid.
All that your wife has to prove is that you were married and this is the house that she lives in.
That is sufficient to entitle her to place a Matrimonial Homes Rights notice on the property.
What her eventual financial interest in the property will be (If any) is for the family court to decide within the Financial side of divorce proceedings
I hope that this is of assistance - please ask if you need further details
Clare
Clare
Customer: replied 11 months ago.
Hi Clare,

That is so unjust. I bought the house, she lived here for free, I stay here and carry on paying the mortgage so she can take my money/equity when I sell or we divorce!

Would it be worth having a separation agreement, where we agree to her share of the equity if/when I sell?
Expert:  Clare replied 11 months ago.
Hi
How long were you living together and are there any children involved?
Clare
Customer: replied 11 months ago.
She had two children, aged 14 and 17 from her previous marriage. We were married for 4 years and had no children of our own. I didn't adopt her children. We were living together for less than a year before we married and she made NO financial contribution to the home - at all. Everything was in MY name and I paid for everything to do with the house.

Expert:  Clare replied 11 months ago.
Hi
How much is the house worth and how much is outstanding on the mortgage?
What other assets and debts are there and what income do you each have?
Clare
Customer: replied 11 months ago.
My mortgage has 331k o/s and is valued at approx 415k. There are no other assets. My income is approx 40k pa. I don't know what she earns now. I have 8 k on a cc. Plus other loans amounting to approx 15k. She owes 30k to the dwp for a widows pension that she was fraudulently claiming! plus about 10k on cc's
Expert:  Clare replied 11 months ago.
Hi
Where was she living before she moved in with you and where is she living now?
What was she earning when you were together?
Clare
Customer: replied 11 months ago.
Hi Clare,

She lived with her now deceased husband in a rented house and she is now living at her parents house.

She was earning pretty much the same as she is now but was using the bulk of her money to pay off her own debts.
Expert:  Clare replied 11 months ago.
Hi
So how much, roughly, is she earning?
Clare
Customer: replied 11 months ago.

In the region of 1k a month I think
Expert:  Clare replied 11 months ago.
HI
A Five year relationship to which she brought no capital assets does not give her a substantial share of your assets - but neither does it mean she walks away with nothing.
It is almost impossible to give any real guide to a likely outcome given the limited nature of this forum - but a relatively small lump sum is likely
You should try and discuss this with your ex using Family mediation (www.familymediationhelpline.co.uk)
Clare
Customer: replied 11 months ago.

Clare,

Thank you. Is she automatically entitled to 50% of the equity of my house if sold?
Expert:  Clare replied 11 months ago.
Hi
Sorry I should have made that plain - when I said assets that includes the house.
So no she has no automatic claim on 50% of the house.
She has a claim, on it - but a small one and of course that has to be resolved before there is a sale
Clare
Clare, Solicitor
Category: UK Property Law
Satisfied Customers: 28392
Experience: 25 years exeperience
Clare and 4 other UK Property Law Specialists are ready to help you

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