SiL, House and seperation issues

gt568 wrote: »

Hi there

My SiL is looking like separating with her husband. They have been married for about 5 years. Prior to marriage he owned a shared ownership 1 bed flat. She was never put on the deeds but contributed to the mortgage and running costs. Now he want to kick her and the 2 daughters out.

Does she have any right to remain in the flat?

Cheers.

Yes. As they are married, she has matrimonial home rights which gives her as much right as him to remain in the property until a financial order is made in the divorce proceedings.

She should register a Matrimonial Home Rights notice at the Land registry.

She also needs to speak to a solicitor.

Neither of them has the right to kick the other out - a court order would be needed. However, with 2 small children it doesn't sound as though a 1 bed flat would be very practical so it may be sensible for her to start looking for alternative accommodation.

The equity in the flat will be part of the matrimonial assets so she may be entitled to a share of that, whether or not she remains in the property, but registering the MHR notice helps to protect her against the risk of him trying to sell or remortgage it before things are finalised.

How the financial assets are ultimately split will depend on a range of factors including both parties financial needs and resources, and the needs of any children. She needs to talk to a solicitor to get a clearer picture of her options.