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Not divorced but want share in material home

  • Jazzbhatia
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3 years 9 months ago #487923 by Jazzbhatia
My parents have been married since 1968, they brought the current material home in 1976. Between 1969 – 1979 they has 6 children, my mother worked full time before 1969 then part time until approximately 1984 when she again resumed full time. My father has worked since 1968 on a full time basis until 1990.

When the property was purchased in 1976 it was and still is in my father’s sole name. My father now has suggested that he is free to do whatever he likes with the property without my mother’s views taken into consideration.

Due to this my mother wants to take this case to the court with a view to gaining half of the property. What legislations / sections are relevant and what forms must be submitted? Also as they intend to stay married, is the divorce route still applicable?

Our finances are very limited hence we will be representing the case

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  • Fiona
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3 years 9 months ago #487986 by Fiona
IF your parents are separating a judicial separation is an option although there are some disadvantages. A judicial separation is relatively rare & usually only appropriate if there are religious reasons not to divorce

By the virtue of being married even if a spouse isn't named as a legal owner of any property on the title deeds they acquire a beneficial interest in the property & have a legal right of occupation of their home. However that right needs to registered with the Land Registry to prevent the family home being sold without their consent or a court order.

In divorce/separation proceedings the overall circumstances are taken into consideration & assets, which includes pensions , aren't necessarily shared 50:50.

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  • Jazzbhatia
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3 years 9 months ago #488136 by Jazzbhatia
Replied by Jazzbhatia on topic Re:Not divorced but want share in material home
Hi,

Thanks for your reply.

Would you happen to know what forms I would need to submit to the court to present her case? I need to make sure i do it right as submitting the incorrect forms may cause delays.

We intend to apply to the land registry to apply a restriction but also want to submit the case to court. We have the statement of case and supporting evidence ready to go but are stuck on what form to complete.

It’s not a process that is well covered on the internet, where a couple intend to remain together but wish to claim property

Thank you

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  • WorldsBiggestMug
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3 years 8 months ago #488137 by WorldsBiggestMug
Replied by WorldsBiggestMug on topic Re:Not divorced but want share in material home
You say they intend to stay married, but are they actually together as a couple or separated?

If they are still a couple I'm not sure what, apart from registering home rights notice, your mother can do.

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  • Jazzbhatia
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3 years 8 months ago #488144 by Jazzbhatia
Replied by Jazzbhatia on topic Re:Not divorced but want share in material home
Hi
They are still married and have continuously lived together since 1968

Last year my father was diagnosed with an incurable disease with a life expectancy of 2-5 years.

Naturally my mother panicked as she has little confidence that he will leave the property to her. Hence we want to ensure she will be taken care of.


Are there any solicitors on this forum that can direct us? We just need to know what form to submit

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  • Luna Shadow
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3 years 8 months ago #488150 by Luna Shadow
Replied by Luna Shadow on topic Re:Not divorced but want share in material home
Has she asked him if he has a will or not and if he does, who has he left the house to?

Does she have any reasonable grounds to think that she will be disinherited?

It possible to challenge the will after death, some good information here:

www.wrighthassall.co.uk/knowledge/legal-...putes-left-out-will/

You do not have to disclose the contents of your will whilst still alive and you cannot force a person to make a particular will so I'm unsure what could be done in the meantime.

I'm sorry to hear of your father's ill health and I'm wondering if this is at the root of what he is saying. If he does not already have lasting power of attorney registered it may be worthwhile him doing this before he loses capacity.

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  • Jazzbhatia
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3 years 8 months ago #488153 by Jazzbhatia
Replied by Jazzbhatia on topic Re:Not divorced but want share in material home
My father has always been very secretive about his financial affairs.

He did confirm that he does have a will but refuses to say who he intends to leave the property to.

In all the nicest ways possible, my father has always been very underhanded; due to this my mother is confident that the property will not be left to her.

The reason for our early action is, as you said that challenging the will be very difficult.

Our intentions are to apply for a restriction to be applied to the land registry, this alone does not enough as we will be left challenging the will
We will apply to court to make a decision on the case under Section 14 of the Trusts of Land and Appointment of Trustees Act 1996 and section 37 of the matrimonial proceedings act 1970. But the million dollar question is, what form do we complete?

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