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Ive told my wife that I want us to split up, however its complicated

with our property status and...
Ive told my wife that I want us to split up, however its complicated with our property status and we are not in a position to market our house straight away and have a clean break.
She is now demanding that I move out of our home, I have nowhere to go and not the funds to be able to get another place. Can she legal force me to leave, I have done nothing wrong other than to be honest about my feelings. we also have a six year boy who has to come first.
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Answered in 2 hours by:
5/10/2011
Thomas
Thomas, Solicitor
Category: UK Family Law
Satisfied Customers: 7,626
Experience: BA (Hons), PgDip, Practising Solicitor
Verified

Hi

Thanks for your question.

To enable me to answer your question could you please respond to the following:-

  • 1. Are you named on the property's registered title as registered proprietor, together with your wife?

Kind regards.

Tom

Ask Your Own UK Family Law Question
Customer reply replied 6 years ago
Yes we are joint owners and hold a joint mortgage.

Hi,

Thanks for your reply.

 

Firstly, if you presently hold your interests in the house jointly (as joint tenants) then each person's share woulld pass to the other upon death regardless of any director made in the Will.

 

If this is not what you want then you should sever the joint tenancy by using Form SEV from the Land Registry (you will have to send it to them and if you have any questions about completing the form you should call their customer service number - they are very helpful):-
http://www1.landregistry.gov.uk/publications/?pubtype=49


Your spouse need not sign the form provided you follow the instructions. You will then hold your shares as what is known as "tenant in common" and each person's share would pass according to the person's Will or under the intestacy rules upon death. If you do not have a Will then you should consider making one immediately.

 

If you both named on the title to the property then you both have a right to occupy the property that neither can deny the other. This remains the case unless there is a Court order to the contrary made pursuant either to civil or criminal proceedings She cannot make you move out at the present time and will be not be able to do so unless it is proved in Court that it is to the detriment of the child's welfare to have you live there

 

If this has been useful please kindly click accept so that I may be rewarded for my time. It will be gratefully received and you will be free to ask follow up questions.

Kind regards,


Tom
Thomas
Thomas, Solicitor
Category: UK Family Law
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Experience: BA (Hons), PgDip, Practising Solicitor
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