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friend split up with hubby, what would she be entitled to regarding the property

My friends hubby has left her she's got a child and one one the way both to him.
The mortgage is his name
She's has paid half to the mortgage and bills for 5yrs and has proof of this
They have been married !2 months
Would she be eligable to claim anything from the property, she is currently staying there for the time being , he has moved out .
Thankyou

Comments

  • BitterAndTwisted
    BitterAndTwisted Posts: 22,492 Forumite
    10,000 Posts Combo Breaker
    If she's got proof that she's contributed equally to the mortgage for five years, even though they've been married for only one, it's unlikely that a court would decide that she's entitled to less than half of the equity. Quite possibly more as she will be raising his children alone for some time to come. Some courts decide that the property should not be sold until the children cease to be dependents.

    Do you think it's likely that the husband will want to force a sale while their child and the unborn one will need to be housed and it's his shared responsibility to ensure that they're adequately housed regardless of what happens to their mother?

    It's possible that they could agree that he'll pay her the equivalent of his half of the mortgage payments in lieu of child-support.
  • double_mummy
    double_mummy Posts: 3,989 Forumite
    1,000 Posts Combo Breaker
    when was the property bought? if he had it for a while before she moved in it might affect things is your friend on the deeds?
    The only people I have to answer to are my beautiful babies aged 8 and 5
  • mercedes125
    mercedes125 Posts: 402 Forumite
    when was the property bought? if he had it for a while before she moved in it might affect things is your friend on the deeds?

    The property was bought about 5yrs before she moved in , yes she is on the deeds.
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