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  • FIRST POST
    • Louisecp123
    • By Louisecp123 18th May 17, 6:44 PM
    • 3Posts
    • 1Thanks
    Louisecp123
    Divorce and Home in Husbands Name
    • #1
    • 18th May 17, 6:44 PM
    Divorce and Home in Husbands Name 18th May 17 at 6:44 PM
    HI,

    After 18 months of my husband having depression and being abusive I finally asked him to leave our home 3 months ago.

    My husbands name is on the mortgage and not mine (he owned it before we got married) and I have stayed in the property, I have paid all the bills and the mortgage for 6 years. (He has a low income)

    I also currently have full custody of our daughter who he sometimes has once a week over night.

    I am wondering if any of you lovely folk could give me any advice on my entitlement to stay in the house. I do not want to uproot my daughter and move her schools etc

    As the mortgage is in his name I'm worried he can kick me out.

    Any advice?

    Thanks
Page 1
    • Ponsienella
    • By Ponsienella 18th May 17, 7:48 PM
    • 102 Posts
    • 23 Thanks
    Ponsienella
    • #2
    • 18th May 17, 7:48 PM
    • #2
    • 18th May 17, 7:48 PM
    I would suggest you go on the Land Registry website and print out, complete and send off the form HR1 entitled 'Application for registration of a notice of home rights' in the first instance. This is FREE to register.

    You need to be aware that Land Registry have a legal responsibility to notify your husband of the registration and he can try and get it removed by completing and HR4 form. However, in order to have it removed he has to provide LR with either a Death Certificate, Divorce Decree or proof that you have voluntarily decided to withdraw your HR1 notice.

    If he was to try and sell the house, when his conveyancing Solicitor performs searches this would show up as an interest in the property. I was told yesterday (I've just helped complete one for my friend today) by LR that a Solicitor could ignore it but I think most reputable ones would not. It is meant to make the Solicitor sit up and take notice.

    I telephoned LR for their guidance and I was told this was a good thing to do in similar situations to yours. Maybe worth calling them.

    Alternatively you might want to seek a court order under the family law act (Section 33). Try googling Practice Guide 20 on the official Land Registry website.

    Someone else may come along who knows more about the practical aspects of that.
    Last edited by Ponsienella; 18-05-2017 at 7:52 PM.
    • TBagpuss
    • By TBagpuss 18th May 17, 7:59 PM
    • 5,637 Posts
    • 7,387 Thanks
    TBagpuss
    • #3
    • 18th May 17, 7:59 PM
    • #3
    • 18th May 17, 7:59 PM
    Start by registering your Matrimonial Home Rights as Ponsienella says.
    Then go & see a solicitor.

    When trying to sort out a financial settlement the aim is to be fair to you both, taking into account your respective financial needs, the needs of any children, your incomes and earning capacity, and anything else the court sees a relevant.

    The start point is an equal division (of all assets, not just the house, so including any savings, pensions etc), then this may be adjusted to address things such as needs, inequality of income etc.

    Things to consider:

    - Could you get mortgage in your own name so that the mortgage in his name could be cleared?
    - Could you get a mortgage large enough to clear the existing one and to raise a further lump sum to buy him out?
    - If the house was sold, and you had a lump sum (say 50% of the equity) as a deposit, could you get a mortgage to allow you to buy a property suitable for yourself and your child?
    - If not, what % of the equity would you need to do that?

    A court will see it as a priority to ensue that there is a secure home for any child, but that doesn't need to be the same house you're currently in, the court has to balance your, your husband and child's needs, nd the advantages of having a clean break.

    In the short term, I would suggest that you get the house valued and see an independent mortgage advisor to get a feel for how much you may be able to borrow, to see whether buying out your husband is likely to be an option.

    Also consider whether you really want to stay - I understand the wish to avoid any disruption but there must be a lot of bad memories for you both , plus your husband may find it harder to let go and see the house as yours rather than his, if the house is the one that was his before you ever met. You may find it's better to move on, and make a fresh start.
    • cashbackproblems
    • By cashbackproblems 20th May 17, 10:57 PM
    • 1,675 Posts
    • 639 Thanks
    cashbackproblems
    • #4
    • 20th May 17, 10:57 PM
    • #4
    • 20th May 17, 10:57 PM
    You cant just kick him out of his home, the courts will have to decide on how to split assets and each of your financial situations, this can take many months and will cost you thousands in legal fees and in the meantime he has a right to stay in the home

    If you can sort out yourselves it will save you alot of money
    • pphillips
    • By pphillips 21st May 17, 1:20 AM
    • 191 Posts
    • 148 Thanks
    pphillips
    • #5
    • 21st May 17, 1:20 AM
    • #5
    • 21st May 17, 1:20 AM
    You and your husband both have a right to occupy the house until the marital assets are distributed. However, you do need to file the HR1 with the land registry office to prevent your husband selling the house from under your feet.

    I think I should also point out in case you weren't aware that "full custody" means this has been given to you in an order from the family court. If there is no court order in place then legally you have no more right to your daughter than your husband.
    Last edited by pphillips; 21-05-2017 at 1:25 AM.
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