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UKfamsol, Solicitor
Category: UK Family Law
Satisfied Customers: 560
Experience:  Woman solicitor, qualified in 1994, specialist in family law, accredited with Resolution
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I am divorcing my wife, and we have agreed I

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 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.


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.

Customer: replied 4 years ago.



Why is it taking so long for an answer?


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 4 years ago.

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

Your question is now open to all UK legal professionals.
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: 560
Experience: Woman solicitor, qualified in 1994, specialist in family law, accredited with Resolution
UKfamsol and other UK Family Law Specialists are ready to help you
Customer: replied 4 years 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

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