Is my husband entitled to half my house

Ladym68

My husband and I separated two years ago because I would not sell my house and move away, I have two children that are not his and the house and mortgage are both in my name only. We were married for 11 years. He has now indicated that he is considering a divorce because he wants to buy a place in the area that I did not want to (it is 5 hours away)!! He has bought a chalet there already. WIll he be entitled to half???? Anyone with any experience of this I
Would appreciate any advise.

Gloomendoom

Half is just the starting point. Depending on your particular circumstances, it can go either way.

Whose name the house or mortgage is in is irrelevant.

Bogof_Babe

If the mortgage is in your name, does that mean that you have made all the payments on it?

However even if this is so, if he has contributed to the "running costs" of the home and marriage in other ways then a judge might rule that he is entitled to a proportional share of what was, after all, his home for many years.

You need legal advice.

Tuesday_Tenor

I presume that there are no children of the marriage?
Did he formally adopt yours by any chance?
I assume your children are not yet 18?

The starting point for negotiating the financial settlement will be 50% each of the marital assets.

That will include 'your' house (plus the knowledge that you owned it prior to marriage), 'his' chalet, pensions for each of you, savings for each of you etc etc.

However, both parties' needs (earning capacity, children to support etc) will also be taken into account, so the fact that you still have to house and bring up 2 children will be significant, but not as significant as if they were aged 2 and 4. So on the face of it , it looks as though he would get less than 50% of the total assets.

Depending on your circumstances it may be that he can take his 30/40/whatever percent by you not having the chalet or his pension or any savings, and you get to keep the house as your 70/60/whatever percent. Or it maybe that he does end up with a claim on a percentage of the house, but you would not be forced to buy him out or sell the house until the youngest child is 18. However, if you are living in a house which is much bigger than your needs (e.g. 4 bedrooms for the 3 of you) that might be a different matter and you would be expected to downsize to release his share of the marital assets.

So, a lot of negotiating to be done. You need legal advice in doing this.

Guest101

Bogof_Babe wrote: »

If the mortgage is in your name, does that mean that you have made all the payments on it?

However even if this is so, if he has contributed to the "running costs" of the home and marriage in other ways then a judge might rule that he is entitled to a proportional share of what was, after all, his home for many years.

You need legal advice.

oh stop it.


There are plenty of marriages where only one person contributes financially.


they've been married 11 years, ofcourse he's entitled to something

Pop_Up_Pirate

Ladym68 wrote: »

My husband and I separated two years ago because I would not sell my house and move away, I have two children that are not his and the house and mortgage are both in my name only. We were married for 11 years. He has now indicated that he is considering a divorce because he wants to buy a place in the area that I did not want to (it is 5 hours away)!! He has bought a chalet there already. WIll he be entitled to half???? Anyone with any experience of this I
Would appreciate any advise.

See a solicitor.
Some of it would depend on whether you owned the house before you met or whether it was bought whilst you were married but it was just in your name.

He will be entitled to something, but you are also entitled to half his pension. You would have to mediate the best outcome for all concerned.

Mojisola

Bogof_Babe wrote: »

If the mortgage is in your name, does that mean that you have made all the payments on it?

However even if this is so, if he has contributed to the "running costs" of the home and marriage in other ways then a judge might rule that he is entitled to a proportional share of what was, after all, his home for many years.

Are you thinking of unmarried couples?

This thread is about a couple who were married for 11 years - all the assets they both own are considered marital assets - it doesn't matter who paid for what.

Guest101

Pop_Up_Pirate wrote: »

See a solicitor. - Good idea.
Some of it would depend on whether you owned the house before you met or whether it was bought whilst you were married but it was just in your name. - No it wouldn't. at all.

He will be entitled to something - yes , but you are also entitled to half (half? are you hearing the case right now your honour? ) his pension. You would have to mediate the best outcome for all concerned.

Probably best to get proper legal advice given some of what's being posted in this thread...

TBagpuss

You and he can cometo your own finacial agreement and then have that recorded in an agreed order as part of the divorce.


If you can't a gree, then if a Judge decides, they have to decide what is fiar and reasonable, taking into account all relevant circumstnaces.

The *start* point is a 50/50 split of the total assets (so taking into account not just the house, but also any savings, investments, pensions, the chalet etc)

The court then has to consider whether this is fair, or whether an adjustment from equality is needed to be fair, and at that point she would lookat things such as:

- the length of your relationship (this normally includes any period of cohabitation before marriage, as well as the actual time you were married)
- your respective incomes and earning capacity (if you earn more than him, it may be fair for him to have a bigger share of the capital than you, becuase he will have lower mortgage capacity / ability to save etc. If he earns more than you, the reverse may be true)
- Your financial and housing needs and the needs of any children. (children means ' children of the family', not justchildren of the marriage, so our children (assuming they are still minors) are relvant, and you housing needs are likely to be greater than his in the short term as you need a home for you and the children.
- contributions made by either of you. (Contribnutions are generally less importnat than needs, but the court is allowed to take them into account, and so the fact that you owned the hosue before the relationship began may be relevant, depending on all of the other factors)
- any otherfactors which the court considers relevant.

As a starting pointm you and your husband should each privide a summary oyor curent finacial positions - e.g. income, capital assets (including the equirty in the houe and the chalet)

it would be sensible for each of you to get information about your mortage capacity and housing needs
- how much could you borrow in total based on the current property and your income (i.e. if you were buying him out)
- wht sort of property is he looking for and how much would that cost?
- How much can he borrow?
- what sort of property do you *need* - i.e. if push came to shove, could you downsize, or is the current house already the smallest suitable for you and any minor children?

I suggest that you make a start at getting that finacial information together, and that you tlak to a solicitor.

Your husband will most likely (assuming he doesn't have lots of other assets in his sole name) be entotled to some money in relation to the house, but the exact amount will depend on all the other figures.

And if he has significant assets such as a pension then it may be that you will be entitled to a share of that, particuarlly if it has a high value but what he needs is cash now for a deposit!

Ladym68

Thank you all for the advice. Much appreciated

mark5

Unless he has other assets that are very valuable, I would expect him to be entitled to a share of the house.
Equally your entitled to a share of any assets he might have.