UK Family Law

UK Family Law Questions Answered by Verified Experts

Ask an Expert,
Get an Answer ASAP!

UK Family Law
This answer was rated:

I am divorcing my wife, and we have agreed I

 I am divorcing my wife...

 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.

Show More
Show Less
Ask Your Own UK Family Law Question
Answered in 11 hours by:
7/14/2013
Wendy-Mod
Category: UK Family Law
Satisfied Customers: 10
Experience: Category Moderator at JustAnswer
Verified
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
Ask Your Own UK Family Law Question
Customer reply replied 4 years ago

Wendy,


 


Why is it taking so long for an answer?

Fran-mod
Category: UK Family Law
Satisfied Customers: 48
Verified
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.
Ask Your Own UK Family Law Question
Customer reply 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.
Ask Your Own UK Family Law Question
UKfamsol
UKfamsol, Solicitor
Category: UK Family Law
Satisfied Customers: 560
Experience: Woman solicitor, qualified in 1994, specialist in family law, accredited with Resolution
Verified
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
UKfamsol, Solicitor
Category: UK Family Law
Satisfied Customers: 560
Experience: Woman solicitor, qualified in 1994, specialist in family law, accredited with Resolution
Verified
UKfamsol and 87 other UK Family Law Specialists are ready to help you
Ask your own question now
Customer reply 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
Ask UKfamsol Your Own Question
UKfamsol
UKfamsol
UKfamsol, Solicitor
Category: UK Family Law
Satisfied Customers: 560
560 Satisfied Customers
Experience: Woman solicitor, qualified in 1994, specialist in family law, accredited with Resolution

UKfamsol is online now

A new question is answered every 9 seconds

How JustAnswer works:

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

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!

RickLeeds, 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. BakerAlfafar, Spain

Thank you so much for your help. Your answers were really useful and came back so quickly. Great!

MaggieUSA

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!!!!

AlexLos 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.

GPHesperia, CA

I couldn't be more satisfied! This is the site I will always come to when I need a second opinion.

JustinKernersville, NC

< Previous | Next >

Meet the Experts:

Clare

Clare

Family Solicitor

13,489 satisfied customers

25 years experience of all aspects of family law

jusleen

jusleen

Family Lawyer

627 satisfied customers

Qualified Family Solicitor practising family law since 1999. Member of resolution.

Thomas

Thomas

Solicitor

409 satisfied customers

BA (Hons), PgDip, Practising Solicitor

Joanne B

Joanne B

Family Solicitor

405 satisfied customers

Qualified 1999 with over 12 years experience in Family Law.

UKfamsol

UKfamsol

Solicitor

560 satisfied customers

Woman solicitor, qualified in 1994, specialist in family law, accredited with Resolution

INC

INC

Solicitor-Advocate

179 satisfied customers

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

Kasare

Kasare

Solicitor

174 satisfied customers

LLB (Hons)

< Previous | Next >

Related UK Family Law Questions
FROM MY EX-PARTNER AND LIVING IN THE FAMILY HOME S(OWNED IN
I AM ESTRANGED FROM MY EX-PARTNER AND LIVING IN THE FAMILY HOME S(OWNED IN HIS SOLE NAME) WITH OUR THREE SONS. MY ELDEST SON IS ESTRANGED FROM HIS FATHER AND HAS RECENTLY TURNED 18. MY TWO YOUNGER BOY… read more
Clare
Clare
Family Solicitor
Bachelor's Degree
13,489 satisfied customers
Clare, My boyf estranged wife will not file for decree nisi
Hi Clare, My boyf estranged wife will not file for decree nisi as she wants to hash out financials. She has turned down mediation. I have filed for my Form A but learned that the court can not make an… read more
Clare
Clare
Family Solicitor
Bachelor's Degree
13,489 satisfied customers
I am in the Family Court tomorrow concerning access to my
Hi. I am in the Family Court tomorrow concerning access to my kids without alienation from their mother, particularly towards my partner. CAFCASS have recommended 3rd party checks of my partner. My pa… read more
Clare
Clare
Family Solicitor
Bachelor's Degree
13,489 satisfied customers
For JGM only UPDATE I have now found new solicitors and they
for JGM onlyUPDATEI have now found new solicitors and they have taken on both cases, divorce and contactHowever they stressed that the legal aid certificate for contact may have problems being transfe… read more
JGM
JGM
Solicitor
Bachelor\u0027s Degree
6,708 satisfied customers
Do I have to go through mediation to resolve a separation
Do I have to go through mediation to resolve a separation before a judge can have have a say. In other words, can mediation be skipped and move straight to court or is mediation a compulsory step in s… read more
Clare
Clare
Family Solicitor
Bachelor's Degree
13,489 satisfied customers
Attn of JGM only To update you Livingstone Glasgow lawyers
Attn of JGM onlyTo update you Livingstone brown Glasgow lawyers have decided to take the divorce action on but not my contact case. Do you think I will manage to instruct their lawyers for my contact … read more
JGM
JGM
Solicitor
Bachelor\u0027s Degree
6,708 satisfied customers
I would like to ask you about divorcing process. Me and my
Hello I would like to ask you about divorcing process. … read more
Clare
Clare
Family Solicitor
Bachelor's Degree
13,489 satisfied customers
My wife called police and reported me for a assault my 6year
Hi my wife called police and reported me for a assault my 6year old some was present … read more
Clare
Clare
Family Solicitor
Bachelor's Degree
13,489 satisfied customers
Attn of JGM ONLY did you receive the 2 interlocutors that I
Attn of JGM ONLYhi did you receive the 2 interlocutors that I sent you ?was I right that the case has been overturned and returned to lord brailsford for a proof ?or can I ask my new solicitors if the… read more
JGM
JGM
Solicitor
Bachelor\u0027s Degree
6,708 satisfied customers
A friend of mine inherited four boxes of gold ingots from
A friend of mine inherited four boxes of gold ingots from her father's estate. He lived in the UK. My friend is from Texas, but is in London right now working with her father's attorney. She asked me … read more
Ben Jones
Ben Jones
Solicitor
Legal Practice Course
1,512 satisfied customers
How do I apply for sole custody of my child. United Kingdom.
No not yet. It is something I am beginning to think about … read more
Clare
Clare
Family Solicitor
Bachelor's Degree
13,489 satisfied customers
I suffer from mental health got my ex arrested for
i suffer from mental health got my ex arrested for harresment when going threw a episode and have now dropped charges and filled in a mg11 to stop all proceeedings does that mean they will drop it as … read more
Jo C.
Jo C.
Barrister
Master\u0027s Degree
37,622 satisfied customers
Attn of JGM only Since seeing possible new solicitors on 21
Attn of JGM onlySince seeing possible new solicitors on 21 Dec I still await their decision albeit they have sent me an email saying the previous solicitors comments on my case will not help that you … read more
JGM
JGM
Solicitor
Bachelor\u0027s Degree
6,708 satisfied customers
My ex partner is refusing to let me have my belongings many
My ex partner is refusing to let me have my belongings many of which are expensive to replace. I have receipts for many items and photos of other items which I had before moving in with him. What are … read more
Clare
Clare
Family Solicitor
Bachelor's Degree
13,489 satisfied customers
Does a parent have to apply to the same court that gave a
Does a parent have to apply to the same court that gave a SGO to revoke or change it … read more
Clare
Clare
Family Solicitor
Bachelor's Degree
13,489 satisfied customers
My separated daughter-in-law has reported me to the police
My separated daughter-in-law has reported me to the police because she had a bruise on her upper left arm when I returned the child to her mother. The child has told her that I pinched her! I took hol… read more
ivorylounge
ivorylounge
38 satisfied customers
I am joint owner of a property in spain and hearbreakingly
I am joint owner of a property in spain and hearbreakingly my partner died in November. There is no mortgage on the property … read more
Nick H
Nick H
LLB
123 satisfied customers
I am one of two executors of my late mothers estate, but &#
I am one of two executors of my late mother's estate, but only I hold the Grant of Probate. I wish to make a Deed of Variation to my legacy only (leaving all other legacies intact), and wish to pass £… read more
TonyTax
TonyTax
Tax Consultant
High School or GED
8,890 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x