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History: Home UK Divorce Forum
Topic:
Separation (4 Posts)
Started By:
Anonymous User
Date:
20 October, 2009 04:51PM
Separation
Anonymous User - 20 October, 2009 04:51PM
Re: Separation
October 20, 2009 05:49PM Registered: Today
Posts: 1

Hi.In January this year my wife had an injunction put in place meaning i had to leave home and live with parents.In May she contacted me and we met even though the injunction stated no contact at all.Since then we have been on holiday and i moved back in.Since then i have had to leave again and my wife insists it was me that broke the injunction even though as i say she did allow me to move back in,is this the case?The mortgage is my wifes name only and she insists that i continue to pay utility bills even though now i find that impossibe to do as i have to finance living with my parents and the cost of travel to work.She insists that i will not get a penny if i stop payments is that correct?Can i insist she sells the house to release my share of its value?Thanks.



Edited 1 time(s). Last edit at 21/10/2009 08:11AM by davidterry.
Re: Separation
davidterry - 20 October, 2009 05:22PM
Can you tell us how many years you and your wife have been married? Also, since the house seems to be in your wife’s sole name is that because she owned it prior to the marriage or what? Any additional information you could provide about these points would help give you a more meaningful answer.
Re: Separation
Anonymous User - 20 October, 2009 08:03PM
Married 20 monthes but lived together for seven years.We both sold properties in order to buy this house jointly approx three years ago.My wife has an 18 year old daughter who attends college one day a week and works four days also a seventeen year old son who at the moment does nothing.We both invested in the house but only using her name.What are your thoughts regarding the injunction as it has been breached by wife several times this year how would it stand up in court?
Re: Separation
davidterry - 21 October, 2009 08:24AM
OK, well, first I should tell you that it is very important that you register your interest in the property at the Land Registry. That is because you do not live at the property and it is in the sole name of your wife even though you obviously have a major financial stake in it. As things stand she could sell or remortgage the property without any reference to you. It is very important that you protect your interest in the property under these circumstances. You can do that by registering a Notice of Home Rights obtainable from the Land Registry. The relevant from is called Form HR1.

Now, on the subject of the injunction I do not think you need have much cause for concern. Since you have been on holiday together after your wife obtained the injunction and since you moved back into the property at your wife’s invitation she would find it almost impossible to persuade a court to punish you for breaching the injunction under these circumstances.

More broadly I think you need to consider whether there is a future to the marriage. If there is not you might be wise to think about getting a divorce.
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