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  • FIRST POST
    • gt568
    • By gt568 17th May 17, 7:50 PM
    • 1,618Posts
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    gt568
    SiL, House and seperation issues
    • #1
    • 17th May 17, 7:50 PM
    SiL, House and seperation issues 17th May 17 at 7:50 PM
    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.
    Down with the signature fascists!!
Page 1
    • Caroline_a
    • By Caroline_a 17th May 17, 9:51 PM
    • 3,873 Posts
    • 10,669 Thanks
    Caroline_a
    • #2
    • 17th May 17, 9:51 PM
    • #2
    • 17th May 17, 9:51 PM
    She needs to see a solicitor. I'm fairly sure he can't 'kick her out' just like that. Are the children his?
    • Guest101
    • By Guest101 18th May 17, 10:26 AM
    • 15,128 Posts
    • 14,763 Thanks
    Guest101
    • #3
    • 18th May 17, 10:26 AM
    • #3
    • 18th May 17, 10:26 AM
    Yes and no. Yes he could change the locks and she would need to go to court to get an order allowing her to re-enter.
    • Gavin83
    • By Gavin83 18th May 17, 1:39 PM
    • 4,670 Posts
    • 7,428 Thanks
    Gavin83
    • #4
    • 18th May 17, 1:39 PM
    • #4
    • 18th May 17, 1:39 PM
    Are the children his or from a previous relationship?
    • TBagpuss
    • By TBagpuss 18th May 17, 3:05 PM
    • 6,026 Posts
    • 7,773 Thanks
    TBagpuss
    • #5
    • 18th May 17, 3:05 PM
    • #5
    • 18th May 17, 3:05 PM
    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.
    Originally posted by gt568
    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.
    • gt568
    • By gt568 18th May 17, 5:26 PM
    • 1,618 Posts
    • 2,460 Thanks
    gt568
    • #6
    • 18th May 17, 5:26 PM
    • #6
    • 18th May 17, 5:26 PM
    The kids are his.
    Down with the signature fascists!!
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