Married but not on mortgage and deed

manu123

My hub took a new mortgage in 2014 but I was not on it (credit issues and no employment) and I was not put on the deed either.  Now if I want to divorce, have I got the same rights as if I was on the mortgage or deed?  In other words, if I leave now the family home, while we 'discuss' the divorce, will I lose any right, because I left?  We have an over 18 and a 15 year old boy.  Thank you

Scorpio33

Depends on the length of the marriage (if its a short one they put you back to where you were prior to marrying). But if it is of a decent length, its considered a marital asset.

However, with him on the deeds and mortgage, you have no right to live there at any time. You need to register your home rights in order to stay there until the divorce. 

https://www.gov.uk/stay-in-home-during-separation-or-divorce/ 

manu123

Ah thank you!  I feared that was the case.  It's a long marriage.  Well it started on 2003 both on deed, then a break 2009-2014 (same house).  Since 2014 new house, new mortgage (his) and new deed (just him).  Still married since 2003.  I will do what you suggested straight away.   Really helpful

manu123

Just one more thing, if we divorce, have I got the rights to half of the house?

tightauldgit

manu123 said:

Just one more thing, if we divorce, have I got the rights to half of the house?

You have rights to a fair split of all marital assets - whether that's half would be determined by negotiations/the court - but it would be presumed to start at a 50/50 split and then go from there. You may end up with more, you may end up with less. Not being on the mortgage or deeds wouldn't have any impact on that. 

manu123

I see, so what is the benefit (apart of being able to live in the house, not like a guest) to apply for an HR1, if I have right to a fair split in case of divorce?   

Basically if I leave the family home now and then apply for divorce without an HR1, what's the worst it can happen?   

Apologies for all these questions...

RedFraggle

manu123 said:

I see, so what is the benefit (apart of being able to live in the house, not like a guest) to apply for an HR1, if I have right to a fair split in case of divorce?   

Basically if I leave the family home now and then apply for divorce without an HR1, what's the worst it can happen?   

Apologies for all these questions...

Without that right the house can be sold without your knowledge so in theory it could be sold and the money given to charity or squandered.