akshay67

Asking this on behalf of a mate who in a bit of a pickle.

He got married two years ago and 6 months into the marriage he bought a house under his name only, which they both moved in to.

He has paid the mortgage since day 1 and she has chipped in to paying the bills (provable via bank statements).

If he divorces her, does she get half the property??

Thanks in advance for anyhelp.

A.

PS - if there is a website anywhere with info on these matters, will be much appreciated....

Spoon

She will be entitled to her share yes, unfortunately.

The relatively short 2 year marraige term might be a point to help him though but I doubt it.

akshay67

So when you say her share, does that mean 50%????

And the problem is that I reckon she did marry him for the money - obviously a point that is irrelevant when it comes to courts of law (?)

fast bloke

Its complicated - tell him to speak to a solicitor - she will be entitled to half of some of it -

Nick

The house is his, as is the mortgage. As it was a short marriage, she will have some claim over his assets, but not 50% unless she introduced substantial sums to the marriage. He should immediately see a good hard-nosed solicitor. Get her out of the house if possible. The exact financial settlement proportions depend on may things, including your ages, children, jobs etc. A judge will want to see that she can afford to get some sort of place to live.

Spoon

The house is not his, he's married, it's theirs.

Been there, done that.

Tiggs

"she will be entitled to half of some of it "

FB......are you that accurate with your clients? "ohhh, the growth on this will be large on some of it"

Spoon

She'll almost certainly going to go for 50% I bet, and as you rightly say, the fact she might have married him for money is irrelevant and was her best days work yet.

lightning101

Sorry to butt in.

What happens if items are on credit e.g. tv owned by credit agency, car not paid etc. How does this differ from a mortgage that you can be forced to sell a house that is owned by say Northern Rock ?

I thought if things were owned by credit/loan companies, then they were the owners until your last payment.

fast bloke

I bet it is the most accurate answer you will get before the courts decide?


Without going through a complete history for the couple no-one will be able to say what she will be entitled to, but if she can prove anything is 'theirs' then she will get half of it.

EG - If he paid all the mortgage, deposit included and all the household bills then he would most likely get ot keep the house (and mortgage) - If however he paid the mortgage and she paid all the household bills, she could claim that without he assistance he would not have eaten for 2 years, so half the house is hers - The final solution is usually somwhere in the middle, and she will be entitled to half of what is theirs, which will be some of it

Spoon

I'll tell you tomorrow as the above applies to me. The house was mine before I met her and I paid every single bill including food etc but I still face court in the morning with a threat of losing this home, (even though she's had thousands already) because she was told she could, so she's having a go.

OllyK

It does make you wonder why anybody get's married these days. It seemed a few years ago that the women used to get next to nothing, and now things have turned and the guy can end up shafted.

Spoon

I'm all for fair play but when either party leaves with the others best mate or whoever and then takes the innocent party to court for a " immoral behaviour" cash reward and often gets it, then that's when things are wrong.

akshay67

Mate, I really feel for you. Let me know how it goes...Your situation sounds pretty similar to my mates - very very bitter...

BTW, what does 'immoral behaviour' mean in this case? can she make something up (like he cheated on her etc) to strengthen her case?