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Home rights notice and mortgage payments

2 replies

bellaella18 · 16/11/2021 18:56

Husband and I have been separated for 10 months now. He solely owns the property and has been paying the mortgage and all bills for the duration of our marriage. In order to protect myself and DC from being homeless, I'm looking to register my home rights with the land registry this week. However, not sure if this would automatically make me liable for mortgage payments. I currently work part time for a non-UK based company - my job isn't secure and could get the sack at any time.

I called to have a consultation with a solicitor but was quoted £420, which I unfortunately can't afford.

Just wondering if anyone has been through this or has any information?

OP posts:
LunaAndHerMoonDragons · 16/11/2021 19:27

Moving this to legal might get better answers. This is from a UK legal firm www.irwinmitchell.com/news-and-insights/newsletters/im-on-the-money/im-on-the-money-issue-ten/home-rights-notices-what-is-the-point

Aprilx · 16/11/2021 19:52

You won’t be liable for a mortgage if you are not named on the mortgage. A mortgage and house deeds are two separate things.

However equally, when it comes to splitting the assets of the marriage, you cannot expect to take a half share in the house whilst he takes all the mortgage liability. The net position (house value less mortgage) is the starting point, obviously other things come into it, like providing for children etc.

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