Family and relationships question:
My friend, who is a muslim woman, is trying to separate from her husband. They are married islamically, but not in accordance with British law. He has kicked her out of their house, which is in joint names, but she has always paid the mortgage. He is refusing to pay the mortgate and she cannot afford to pay the mortgage and she needs to get her own house. Sadly this is only the tip of the iceberg, the situation is very complicated. Can you recommed a solicitor who can help my friend?
Responses:
Simon Lim's response
Based on the assumption that the Islamic marriage was conducted in the UK, the woman would unfortunately have the same rights as would be the case if she was civilly married. The whole situation would be alike to a cohabiting couple. If the property is in joint names, this can give rise to complicated disputes about the extent, if any, of each person’s share in the property upon separation.
I recommend that she seek expert legal advice from a family solicitor with particular experience in cohabitation and Trusts of Land and Appointment of Trustees Act 1996 (TOLATA) claims.
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