House rights?

cphillips

Hi All

I'm seperating from my wife of almost 3 years. We have a house and mortgage but the mortgage is only in my name. I also pay all the bills for the house. Does she have any right to the house at all?

Thanks in advance.

Cliveski2009

Is her name on the title deeds / with the land registry?
If so then I believe she will part own the house with you.

cphillips

Cliveski2009 wrote: »

Is her name on the title deeds / with the land registry?
If so then I believe she will part own the house with you.

Nope, everything is purley in my name.

**Upsy_Daisy**

It's a matrimonial asset and so she should have rights to it.

tek-monkey

I'm not sure, but I always thought if she could prove that she helped out with bills she could claim a share? You say you pay everything, did she not contribute at all? Even just buying food etc?

princeofpounds

As stated above, it is a matrimonial asset so of course she has rights to it. About 50%, unless there are particularly unusual circumstances.

So, whilst she currently doesn't own part title to the house, she is a part beneficial owner, and whilst I suspect (though I don't know) that you could, for instance, deny her use of the property - something you couldn't do to a titular owner - she would probably only have to go to court to have that re-established and put a charge on the property prior to divorce and claiming 50% outright.

I very much recommend you deal with this amicably and if necessary get a lawyer.

cphillips

tek-monkey wrote: »

I'm not sure, but I always thought if she could prove that she helped out with bills she could claim a share? You say you pay everything, did she not contribute at all? Even just buying food etc?

She managed to pay the tv license, and council tax (oh and home insurance) for about 3 months out of her own bank account before she lost her job (due to cheating on me and not going to work!) I've now had to sort out the mess (2 months unpaid council tax) she's left.

The rest I have paid for. She also signed a form when Northern Rock setup the mortgage in purely my name.

Stewd18

She will have rights as your spouse to a share in the house. As tek-monkey states she will have contributed in someway i.e. painting, cleaning, buying food , looking after the children (assuming you have any)which was allowed you to be able to go to work and pay for the mortgage.

Assuming that you are going to get divorced then your assets will be split as the judge sees fit (this could be 50/50 but given the short length of time of the marriage it may be a lot less). It will not matter that the house is not in her name, you willhave to declare it as one of your assets for the purposes of working out the settlement.

I wish you luck!

Cannon_Fodder

Not just a matrimonial asset, she could also move back in...

http://www.adviceguide.org.uk/index/family_parent/family/cohabitation_and_marriage_legal_differences.htm

"Both married partners have a right to remain in the matrimonial home, regardless of who bought it or has a mortgage on it. This is known as home rights. You will have the right to stay in the home until a court has ordered otherwise, for example, in the course of a separation or divorce settlement."

http://england.shelter.org.uk/get_advice/families_and_relationships/relationship_breakdown/rights_to_the_home


See a solicitor, get a divorce settlement.

tek-monkey

cphillips wrote: »

She managed to pay the tv license, and council tax (oh and home insurance) for about 3 months out of her own bank account before she lost her job (due to cheating on me and not going to work!) I've now had to sort out the mess (2 months unpaid council tax) she's left.

The rest I have paid for. She also signed a form when Northern Rock setup the mortgage in purely my name.

You were married for nearly 3 years, did she contribute nothing else in that time? Anything she paid that meant you didn't have to, means she contributed to the cost of living. If the affair was recent, which it appears it was from your post, what was she paying for the other 2 1/2 years you were married? Were you living together previously?

cphillips

tek-monkey wrote: »

You were married for nearly 3 years, did she contribute nothing else in that time? Anything she paid that meant you didn't have to, means she contributed to the cost of living. If the affair was recent, which it appears it was from your post, what was she paying for the other 2 1/2 years you were married? Were you living together previously?

Didn't really contribute much else no. Used to contribute to buying cigarettes and clothes for herself, that was her main priority!!

Yes the affair was May this year (one one night stand about a year ago also..) Again, she didn't really pay alot in the previous 2.5 years, maybe the odd weeks shopping here and there.

She setup her own bank account as I was fed up of her draining my account (with her name added to it), and like I said above, she managed to pay the bills for about 3 months before getting in trouble.

Don't think she's realised that selling the house and splitting 50/50 (if she was very lucky) will leave her with nothing as I am only 2 years into the mortgage (Interest only too at moment), and would have to pay that back first!