Getting Divorce, What Will Happen?

django_2

My mate is in the process of getting divorce i'm just wondering what will happen to the property? They both working and paying the morgage but the property is on his name.

star1_2

Makes no diffrence - legally in law if they can both prove occupancy of the dwelling it will be something that is fought over in the painfull divorce proceedings that will no doubt ensue ....

Tell your mate to continue paying their contribution regardless or not if they are living there, keep a note of all expences and payments made (actual proof, not just their word - bank statements etc). This will go to ensure that your mate's financial intrest will be maintained. Valuations might be required, and a decision related to if one party is going to buy the property "out" from the other, or if the property has to be sold....

The matter gets complex - do a seach on some of the numerous postings on the same subject and you'll get an insight into what its all about ....

aimex

are their children involved here? this will be relevant consideration

django_2

Thanks STAR1 for quick reply. I forgot to mention that there is a child involved which is from her previous husband and is not legaly under my mate's name if it makes any diffrent? I would like to know what would have happend if he only paid for the mortgage? does it make any diffrence? Thanks

Hereward

It depends if he bought the property before the realtionship or not. If he bought the property before the relationship began then he has a better chance of retaining the property.

django_2

Good point actually, he bought the property after they got married. Any luck? I wanna know what will happen next. As i don't know property laws i'm realy interested to know these things. Any tip is appreciated.

Hereward

As he bought it after he was married, then it will count as a marital asset and will be split between them (it does not matter that the house is only in his name). Hopefully they will be able to negotiate the portion payable to each other, but as a child is involved, irrespective of this paternity, it looks like she has a very good claim on the house as a family home.

I would defiantly seek legal advice in this matter, just to make sure of the actual legal position.

aimex

yep, it will be alot more difficult that there is a child involved in this case, because it will increase the "needs" of the woman in this situation, as she also has to care for the child. the court will look more favourably on her.