House in one person's name - divorce.

pipkin71

Some advice for someone I know, please.

He bought a house through a mortgage. When he was made redundant, he paid off the rest of the mortgage. At some point he put the house in the wife's name.

They are now going through a divorce but the wife [or maybe her solicitor, I'm not too sure] has said he won't get a penny from the house as it is her house.

No money changed hands when the house was put in her name so is it still classed as the marital home and therefore they both have an equal stake or is it correct that it is her house and he can no longer lay any claim to it?

Thanks

Annisele

Does he have his own solicitor? If not, he needs one. People can comment here, but that's no substitute for paid-for legal advice.

The usual starting point in any divorce is that all assets are split 50/50, regardless of whose name they're in. However, depending on the circumstances you can move a very long way from a 50/50 split.

kingfisherblue

pipkin71 wrote: »

Some advice for someone I know, please.

He bought a house through a mortgage. When he was made redundant, he paid off the rest of the mortgage. At some point he put the house in the wife's name.

They are now going through a divorce but the wife [or maybe her solicitor, I'm not too sure] has said he won't get a penny from the house as it is her house.

No money changed hands when the house was put in her name so is it still classed as the marital home and therefore they both have an equal stake or is it correct that it is her house and he can no longer lay any claim to it?

Thanks

As Annisele says, proper legal advice should be taken. Altohugh the starting point is 50/50, there are many variables, including whether there are any dependent children. The age of any children may also be taken into account.

Exes will often say something when they really haven't a clue. My ex told me that I wouldn't get anything from our house because he had always paid the mortgage. Whiulst it is true that I didn't contribute any income to our household in the few years before we split up, this was because I was at home caring for our severely disabled child and our other two children. I contributed to the household in other ways (and had previously contributed financially as well). Despite him trying to bully me to sell and give him the proceeds, I took legal advice. I'm still in the house, with the children, and will be for many years to come as it has been adapted for our son.

Gloomendoom

Annisele wrote: »

Does he have his own solicitor? If not, he needs one. People can comment here, but that's no substitute for paid-for legal advice.

Unfortunately, he does need a solicitor. It will be money well spent. I have been in similar situation but we both agreed on a fair settlement, not 50/50 but fair.

pipkin71

Thank you.

There are no dependent children at home.

He has had a solicitor who sent a couple of letters to the wife's solicitor but didn't get a response. I am not sure of the ins and outs but he is not happy with the solicitor he has.

Kayalana99

How long have they been married? & j/w why he put it in her name but no need to answar that one.

pipkin71

Kayalana99 wrote: »

How long have they been married? & j/w why he put it in her name but no need to answar that one.

I don't know why he put it in the ex wife's name tbh. They were married a long time and have grown up children.

The wife has moved out of the house and is renting it to others. He has been told he cannot walk into the house, even though he has keys, because it is in her name and the tenants also have rights [which I totally understand]

Gloomendoom

pipkin71 wrote: »

I don't know why he put it in the ex wife's name tbh. They were married a long time and have grown up children.

The wife has moved out of the house and is renting it to others. He has been told he cannot walk into the house, even though he has keys, because it is in her name and the tenants also have rights [which I totally understand]

I would have thought that he would be entitled to a share of the rent too.

Thegirl

He's entitled to 50/50 as a starting point. Any long marriage starts at that point.

Padstow

pipkin71 wrote: »

Some advice for someone I know, please.

He bought a house through a mortgage. When he was made redundant, he paid off the rest of the mortgage. At some point he put the house in the wife's name.

They are now going through a divorce but the wife [or maybe her solicitor, I'm not too sure] has said he won't get a penny from the house as it is her house.

No money changed hands when the house was put in her name so is it still classed as the marital home and therefore they both have an equal stake or is it correct that it is her house and he can no longer lay any claim to it?

Thanks

if he hasn't done so already, he needs to go online to the Land Registry and declare an interest as it is the marital home.
She has already let it out and could raise a mortgage against it and spend the cash.
As for him getting nothing, in a long marriage it matters not whose name the house is in.

He needs a 30 minute free session with a couple of solicitors.

pipkin71

Gloomendoom wrote: »

I would have thought that he would be entitled to a share of the rent too.

I thought that too. The wife, from what I have been told, is receiving £600 pcm in rent. He has been told though, that because the house is in the wife's name, it belongs to her.