Harry met Sally and they decide to buy a flat together. Harry obtains a £200k mortgage in his sole name and sally contributes £50k from an inheritance.
Will the legal title be in joint names?
Should they get a declaration of trust?
Should they get a co-habitation agreement?
Will the property be held as tenants in common or joints tenants?
Harry and Sally marry and have two children. They sell the flat and purchase a home getting a joint mortgage and using their flat as equity. After five years Harry meets a young lady and he leaves Sally and they get divorced.
Where and whom will the children live with?
What contact will there be for the non-resident parent
Maintenance?
What are the grounds for divorce?
What are the financial remedies available to Harry and Sally?
Will Sally have to sell the family home?
Can Sally get maintenance from Harry to enable her to remain in the family home?
Can they agree matters using mediation?
What happens if mediation fail?
Harry moves in with his new girlfriend into her existing home which is in her name and tells him that the house would be “their home”. He lives there with her 3 years and contributes to the household finances and expenses and contributes towards the mortgage and building works. They separate.
Can Harry make an application under the Trust of Land and Appointment of Trustee Act 1996 – i.e., can Harry make a claim in relation to his interest in her property?
Sally meets new partner and moves in with her to her former matrimonial family home, which is now in Sally’s sole name. After six months the new partner becomes violent and aggressive to Sally. He does not contribute to any household bills or outgoings, and he refuses to leave.
Can Sally get an injunction from the Court whereby he is not allowed near her or the family home? (ie Non-Molestation Oder and Occupation Order)
Sally leaves her violent partner and obtains an injunction from the Court, and she meets a new chap who is an investment banker and very wealthy. They decide to get married; however, the investment banker insists on a pre-nuptial agreement.
Is a pre-nuptial agreement binding?
What are the criteria re legal advice timescales?
Sally and investment banker get married and have child. Sally sells matrimonial home and moves into her new husband’s name. She finds out that husband has been having affair with his secretary and after Sally confronts husband, he tells her he wants Sally to leave their home with all the children.
Can she remain in the house? What are the options available to her under the Matrimonial Causes Act 1973 and any other enactments?
Can he make her leave?
If she has made financial contribution to this property after the sale from her original matrimonial home but it remains in his sole name, what protection is there available to ensure that her husband does not re-mortgage the property? (Matrimonial Homes Rights Notice)