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Divorce/separation

Here you'll find divorce help and support from other Mners. For legal advice, you may find Advice Now guides useful.

Locked out of matrimonial home with my son

30 replies

BigNsmall16 · 13/05/2017 11:16

Hi lovely people

Please help.

When my husband and I separated last year I left the matrimonial home in haste and rented another property to get out of the situation.

Now I can see clearly and I'm in financial difficulty I want back in.

How do I get reinstated?

Would I be responsible for the mortgage, even if not working?

How would we sell when the time came?

Thanks

OP posts:
Alexandra87 · 17/05/2017 22:31

You need to seek proper legal advice op. Cab would be a good place to start

PigletWasPoohsFriend · 17/05/2017 22:34

Astro she can't get hb cos she owns a house!

That's not strictly true if separated!

LedaP · 18/05/2017 07:39

You moved out of the house for a year. That really impacts you rights to force him to move out.

How long were you married?

elephantscansing · 18/05/2017 07:42

You need to get proper legal advice. Also look at www.entitledto.co.uk/benefits-calculator/startcalc.aspx

expatinscotland · 18/05/2017 11:17

'appreciate I left the home but there must be some justice'

That's not what civil court is about. Which court are you going to to try to gain residence of this house, because it's not as simple as 'Oh, yes, he needs to vacate the home he purchased before he married and you go live in it as it's cheaper than renting, and he's responsible for the mortgage if you don't work,' after you left the home a year ago.

They will weigh up evidence such as how much money you put into the deposit, how much money you put towards mortgage payments during the course of the marriage, your being on the mortgage, how long you've been married, etc. and probably the best you can hope for is to force the sale of the home and some of the proceeds of the sale. It's not a cheap process, either.

You may be able to qualify for some housing benefit but again, you need to speak to your council, 'It's cheaper for me to live where my spouse does,' or 'He has to go,' just is not going to work, even with your having a child together.

You need proper legal advice, so start with the CAB.

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