Legal Question in Consumer Law in United Kingdom

Legal Separation

My father is wanting to separate from his wife they have been married for 6months, what is the best way for him to go about this? also a month before they were married he changed the names on the house to, my sister, his new wife and I. So he is no longer named as an owner of the house. How does he go about taking her name off the house? and if he can't what exactly will she beable to claim if they separate? She owns a 1/3rd of the house.


Asked on 11/23/05, 8:22 am

1 Answer from Attorneys
Andrew Dutton Legal -Zone

Re: Legal Separation

oh dear! Your father can separate but not become divorced from his wife as a petition for divorce can not be filed in the first 12 months of a marriage. It would be possible to file a petition for judicial separation, but this rarely carries any advantages.

On divorce the court will have the power to vary the interests in your father's house. He will doubtless ask for an order that the share given to his wife be transferred back to himself. Due to the short length of the marriage, but dependent upon the parties financial circumstances, this application could well be granted.

This is I am afraid a difficult situation. It can be easier to get into a marriage than to get out of it. The circumstances are such that you may well wish to discuss the situation, and if so we will be pleased to do so without charge.

Andrew Dutton

Legal Zone

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Answered on 11/23/05, 9:42 am


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