Your Home And Divorce
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Your Home And Divorce
Vanessa Lloyd Platt (Divorce Lawyer) gives expert video advice on: My name isn't on the house deeds - am I entitled to it?; I've never paid any rent - am I entitled to the house?; I bought the house but I don't live there anymore. Do I get it?
My name isn't on the house deeds - am I entitled to it?
You can be entitled to the house, not withstanding your name isn't on the title deed. But to protect yourself, register a notice against it to stop your partner from selling it from under you. But the court will decide what part of the house you should have, even if it isn't in your name.
I've never paid any rent - am I entitled to the house?
If you are renting and you have a rental agreement on your home, the fact that you've never paid any rent does not mean you can't have power over the house. Similarly, if you and your partner own a house and you haven't paid towards the mortgage, it doesn't mean that you have no claim to it. The whole position on the finances will be decided by the divorce court.
I bought the house but I don't live there anymore. Do I get it?
The fact that you bought the house and you don't live there anymore doesn't mean that you can't make claims against it. So for example, if you are, and it is just an example, you are a wife who moved out, for any reason - whether you were scared or you just wanted a temporary break, you can still make a claim on the house. If however, as an example, you are a husband and you moved out for many years and you haven't lived there, it's unlikely that you will be able to get to the house. It still is considered as part of a settlement. So it might be that you, as the husband who moved out many years ago, might still have a charge over that house until the children are grown up. All assets are thought about and looked at, regardless of who bought them or whether you've moved away from them.
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