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Old 23rd November 2015, 01:17 PM   #1
Nick_uk.
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Wife doesn't want to leave the house. What are my rights?

Hello..

I need some advice..

I have been married for 4 years and my wife and i are going through a split..
We have a house but it is totally in my name as she could not be on the mortgage as she at that time had a spouse Visa.. we bought it about 3 years ago(Mortgage 7.5% down payment and around 750 payment a month) .. We have no kids and she also works in a full time job.
we have a joint account for Bills only She puts in 400 and i put in 750
We sleep in separate bedrooms since July.

She doesn't want to leave the house.
What are my rights? and what should i do?
There has not been any foulplay by either party..

Thank you in advance.

Nick

Last edited by Nick_uk.; 23rd November 2015 at 02:27 PM.
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Old 23rd November 2015, 02:21 PM   #2
chosen
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Re: Wife doesn't want to leave the house. What are my rights?

If you bought the house together, even if her name isnt on the mortgage or deeds, she will almost certainly be entitled to half, and also half of any other assets.
The best and fairest thing would be to sell the house and divide what ever is left after the mortgage is paid off equally between you, but you probably need to both get legal advise. I am not really surprised that she wont leave, she probably thinks that she will loose out if she does, and its her home as well as yours.

is there any hope that you can get counselling and work on the marriage?
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Old 23rd November 2015, 04:51 PM   #3
Nick_uk.
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Re: Wife doesn't want to leave the house. What are my rights?

Thanks... Can anyone else confirm this ??
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Old 23rd November 2015, 06:35 PM   #4
Lindentree1
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Re: Wife doesn't want to leave the house. What are my rights?

I guess the obvious answer is to see a lawyer to determine your rights. I don't live in the U.K. so I don't know the law there. But a lawyer does.

I'm sorry your marriage didn't work out.

Last edited by Lindentree1; 23rd November 2015 at 07:46 PM.
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Old 23rd November 2015, 07:03 PM   #5
notDoneYet
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Re: Wife doesn't want to leave the house. What are my rights?

Hi Nick. Sorry you are here.

I'm in the UK currently in the D process and I can confirm Chosen is correct. It doesn't matter who's name is on the deeds nor who pays for what. It also doesn't matter if one party is at fault or not. Any assets amassed during the M is split 50/50. Also, you may want to know that both you and your W have as much right to live in that house as each other. You cannot make her leave and neither can she make you leave.

Sorry mate, but speak to a lawyer.
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Old 24th November 2015, 12:08 PM   #6
Nick_uk.
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Re: Wife doesn't want to leave the house. What are my rights?

Quote:
Originally Posted by notDoneYet View Post
Hi Nick. Sorry you are here.

I'm in the UK currently in the D process and I can confirm Chosen is correct. It doesn't matter who's name is on the deeds nor who pays for what. It also doesn't matter if one party is at fault or not. Any assets amassed during the M is split 50/50. Also, you may want to know that both you and your W have as much right to live in that house as each other. You cannot make her leave and neither can she make you leave.

Sorry mate, but speak to a lawyer.
Thanks .. What about personal savings.?? I will speak to a lawyer..
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Old 24th November 2015, 12:56 PM   #7
notDoneYet
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Re: Wife doesn't want to leave the house. What are my rights?

Quote:
Originally Posted by Nick_uk. View Post
Thanks .. What about personal savings.?? I will speak to a lawyer..
Personal savings are the same. If they are amassed during the M then they will be split 50/50. Same with the pensions. If you were paying into private pensions then you need a CETV that covers the duration of the M. Then a calculation is made and if there are sums owing (either you owe your W or your W owes you) then this is treated as a liquid asset and has to be paid.

Debt is slightly different. If there is debt that can be seen as marital debt (for example, if you renovated your house) then this debt is also equally shared (you pay half, she pays half) but if the debt isn't a marital debt (e.g. your W spent 10k on handbags) then this debt isn't shared and you aren't expected to pay for it.

Also, you need a separation date. Doesn't matter if you still live at the same house. With a separation date then any monies amassed AFTER that date do not count in the financial separation.
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Old 24th November 2015, 02:59 PM   #8
ralfgarnett
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Re: Wife doesn't want to leave the house. What are my rights?

I also confirm that she is entitled to an equal share, sorry you find yourself in this position, sounds like you need to seek legal advice, many solicitors offer a free initial consultation this could be of use to you, good luck.
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Old 24th November 2015, 10:01 PM   #9
ralfgarnett
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Re: Wife doesn't want to leave the house. What are my rights?

Hi Nick off the CAB website https://www.citizensadvice.org.uk/re...ng-a-marriage/
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