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Possible divorce family home rights

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  • Possible divorce family home rights

    Hi guys I'm in a bit of a conundrum

    So my wife for 7 years has a ILR and we have 2 daughter 5 years old
    Now if we divorce Can she claim the family home
    Now the family home is where my mum dad brother and sister have all lived for 32 years
    It is was in my mum's name but she let my brother and myself buy it, we all live in the house with my wife and daughter
    My brother and I have only had the house in our names 50/50 for a few months
    Can my wife make a claim if she wants a divorce and there are 5 people who have lived in that house for 32 years, even though we have been married for 7 years she has only been living with me for 5-6 years she can always move back to her own country to he parents
    Tags: None

  • #2
    Sorry meant 1 daughter


    • #3
      Originally posted by BillTGK View Post
      ... she can always move back to her own country to he[r] parents
      what about your daughter?


      • #4
        My wife can have custody if she wants, I get along with my wife's family I also have family were she is from too. If she was to move back to her parents overseas, our daughter will go with her, I would not block that and I trust her parents to help raise my daughter, I'm just concerned if she decides to stay in the UK after a UK divorce and she could decide to make a claim to my family's home for which it took a lifetime of blood sweat and tears to buy and call a home 5 of us have 30 years of history of the house, as this will affect bot only me but also 4 other people


        • #5
          On a divorce the court looks to all the assets and needs of the family members. Your interest in the house is limited to an interest in 50%, so the court cannot go beyond that.
          It is quite unclear who actually lives in the house, but oethers may have interests which a court should also protect.
          There are no guarantees because much more detai would be required, but a claim by her would face difficulties.


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