Help - he loosing his right to the house?

LouLouHelen

My brother in law has been married for 2 years in January. They have lived with each other for 3 and a half years in total. They own a house with a mortgage on it in joint names. The mortgage is paid out of her bank account and always has been however, he does not transfer any money into her account every month to cover the costs. Instead his money is used for other things such as groceries and socialising.

She has asked him to move out as she needs some space. Ultimately due to the time of the year he is going to give her the space over Xmas and New Year in the hope that she will want him back but he is a little concerned that being out of the house for too long might have an effect on his rights over the house.

I have tried to suggest that he sees a solicitor even just for a free 30 mins consultation so he knows whether he is worrying unecessarily or not and so that he has the facts in case it gets to that point. Unfortunately he is emotionally raw from being told his wife may not want him anymore and is finding it all a bit difficult to deal with.

Can anymore who knows a bit about the law or who has been through this give me any suggestions regarding where might stand and what he should do to protect himself.

Thanks


Merry Christmas & a Money Saving 2007 to you all!!!

duncans-mum_2

Sorry, I have not been in this situation myself, or cannot state law, but I am sure that if his name is also on the mortgage, he is legally part owner and therefore has as much right in the house as she has. To put it in another context, if she did a moonlight flit, he would still be liable for the mortgate payments.

My personal feeling is if she is the one that is unsure/ wants some space, then perhaps she can leave? Unless there are children involved. It must be a very difficult time for him, but he does need to stay a bit guarded as to any motives she may have.

Yes seeing a solicitor or the CAB may offer the answers he needs to make a decision, and or put his mind at rest of his rights.

hobo28

Assuming he's joint tenants rather than tenants in common then he should be fine since they are married and its a joint mortgage. Children could affect this tho.