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House in one person's name - divorce.

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Comments

  • RAS
    RAS Posts: 36,587 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 28 February 2013 at 4:58PM
    pipkin71 wrote: »
    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.

    That is true BUT

    1. It is an asset of the marraige, so the starting point is 50/50 split - goose and gander. A lot of older couple had the house in his name only but she gets half if they divorce.

    And what is morre important - who is telling him? her? her relatives., some friend?
    If you've have not made a mistake, you've made nothing
  • pipkin71
    pipkin71 Posts: 21,820 Forumite
    10,000 Posts Combo Breaker
    Padstow wrote: »
    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.

    Thanks for that Padstow.

    Is it easy enough to declare an interest in the house?

    I thought that too, about it not making a difference whose name the house is registered in.
    There is something delicious about writing the first words of a story. You never quite know where they'll take you - Beatrix Potter
  • pipkin71
    pipkin71 Posts: 21,820 Forumite
    10,000 Posts Combo Breaker
    RAS wrote: »
    That is true BUT

    1. It is an asset of the marraige, so the starting point is 50/50 split - goose and gander. A lot of older couple had the house in his name only but she gets half if they divorce.

    And what is morre important - who is telling him? her? her relatives., some fiend?

    I honestly don't know who has given him the information.
    There is something delicious about writing the first words of a story. You never quite know where they'll take you - Beatrix Potter
  • shiny76
    shiny76 Posts: 548 Forumite
    Part of the Furniture 500 Posts Combo Breaker
    RAS wrote: »
    And what is morre important - who is telling him? her? her relatives., some fiend?
    Maybe one of the former. Definitely the latter ;)
  • Land_Registry
    Land_Registry Posts: 6,317 Organisation Representative
    Part of the Furniture 1,000 Posts Name Dropper
    Take a look at our online Public Guide 4 which explains the process by which a husband, wife or civil partner can apply to Land Registry to protect their rights of occupation to the matrimonial or civil partnership home

    This may be relevant to your circumstances and is probably what Padstow is referring to.

    The guide simply explains how the matter may be dealt with from a land registration perspective. We would always also recommend seeking legal advice.
    Official Company Representative
    I am the official company representative of Land Registry. MSE has given permission for me to post in response to queries about the company, so that I can help solve issues. You can see my name on the companies with permission to post list. I am not allowed to tout for business at all. If you believe I am please report it to forumteam@moneysavingexpert.com This does NOT imply any form of approval of my company or its products by MSE"
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