Home > Ask Our Experts > Matrimonial Home: What Are My Rights?

Matrimonial Home: What Are My Rights?

By: Lorna Elliott LLB (hons), Barrister - Updated: 13 Oct 2017 |
 
Marriage Divorce Maintenance Payment

Q.

My wife has told me she wants to separate after 5 years of marriage and move into rented accommodation. When I met her she moved into my house and not long after started maternity leave. Sadly, our son was born with a disability and she therefore hasn't worked since he was born. She receives approx £500 per month carer's allowance plus other usual benefits.

The matrimonial home is in my sole name and I have therefore paid the mortgage, bills and generally maintained the property in good order. I'm devastated she has made this decision but now need to know where I stand legally regarding the house and spousal maintenance.

Obviously, I have no issues whatsoever with regard to maintenance for my child, and am more than happy to pay this and still want to be a part of his life.

Any advice please.

(JB, 13 April 2010)

A.

I am sorry to hear that your wife has decided that your marriage is over. I note what you say about the fact that the property (which lawyers call the FMH or Former Matrimonial Home) is and always has been in your sole name. This does not necessarily mean that your wife would not have a claim to some share in the equity in the property. While it is right that your wife has not contributed financially to the property, she has managed the household for the time that you have been married and, most importantly, brought up your disabled son. The law recognises in marriage and other partnerships that while one person might be the breadwinner the other spouse contributes to the marriage in other non-financial ways.

Maintenance Payments

While you mention that your wife is currently in receipt of carer's allowance and other benefits, you do not mention whether you are paying her anything by way of maintenance at the moment. Although recent events will have been understandably upsetting for you, it does sound as though you and your wife are reasonably amicable about your separation. If you can both agree on terms for Maintenance Payments for your son, and any other financial arrangements, you and your wife may have a relatively straightforward divorce.

The Law

Of course, you should be aware that your wife may go to a solicitor at any time and be advised independently as to her legal options. I do not know your financial circumstances but her lawyer may advise her that she is entitled to a share of the equity in the family home. At this point you may want to consider your own circumstances. Would you be in a position to offer her a lump sum? Have you and your wife talked at all about making provision for your son or any maintenance payments for your wife? Would you be prepared to make any kind of offer?

Your Wife’s Rights to the Property

Similarly, your wife could register an interest in the property at the Land Registry, which would mean you could not take a secured loan against or sell your home without her permission. This is quite commonplace in situations in which the marital home is in one person’s name only.

I’ve tried to outline basic principles here, but my advice to you is to go and see a family solicitor asap. You don’t need to tell your wife that you’re consulting a lawyer, but could just find out what your options are at this stage. Good luck.

Check out our expert's answer to when an ex changes the locks on a jointly owned property.

Check out the Separated Dads Forum... It's a great resource where you can ask for advice on topics including Child Access, Maintenance, CAFCASS, Fathers Rights, Court, Behaviour or simply to have a chat with other dads.

You might also like...
Share Your Story, Join the Discussion or Seek Advice..
[Add a Comment]
Marcus - Your Question:
Hi there, my wife had an affair early on in the year, we have tried to work things out but I suspected something going on. She didn't like the fact that I was acting like detective and looking into everything. Thus she has asked for us to separate but remain in the house because she only works part time and couldn't pay for the mortgage. If I divorce her, could the court force me to pay for the house even though I wouldn't be able to survive due to our debt level. I did suggest to her the better option is sell, leave equity in the children's bank accounts and she could apply for housing benefit and rent; is this possible or am about to become very poor.

Our Response:
By moving out, you will immediately put yourself at a disadvantage in terms of your rights, particularly if your wife is the primary carer of your children. A court can allow the primary carer of the children to remain in the house until the children leave full-time education. The fact both of you are under an obligation to pay the mortgage (as per the terms of the mortgage), a court could request you continue to pay this. Likewise, you will also be under an obligation to pay child maintenance once you leave the family home. You can see how much you may be paying via the link here. Many couples (for financial reasons) agree to live separately under the same roof until an agreement can be reached, or until finances allow. In addition, you would not be able to sell the house and sideline equity into your children's accounts, as (depending upon the amount) this could be seen as deprivation of capital. This would mean your wife would not be entitled to claim housing benefit, or other means-tested benefits. Sitting down with your wife to negotiate this and/or attending mediation may also help, please see link here . However, it is definitely recommended that you get further advice before you do, in order to fully explore all your options.
SeparatedDads - 13-Oct-17 @ 4:02 PM
Hi there, my wife had an affair early on in the year, we have tried to work things out but I suspected something going on. She didn't like the fact that I was acting like detective and looking into everything. Thus she has asked for us to separate but remain in the house because she only works part time and couldn't pay for the mortgage. If I divorce her, could the court force me to pay for the house even though I wouldn't be able to survive due to our debt level. I did suggest to her the better option is sell, leave equity in the children's bank accounts and she could apply for housing benefit and rent; is this possible or am about to become very poor.
Marcus - 13-Oct-17 @ 4:52 AM
CJ - Your Question:
My wife has just decided that she wants leave me after 18 years of marriage, We have a mortgage together and our 17 year old daughter still lives at home.l understand that she is entitled to a share in any equity in the property. My question is , as it is her that has decided to break up the marriage, and leave the marital home, can she make me move out, also as I am not in a position to offer a settlement can she make me sell ?

Our Response:
Much depends upon who becomes the primary carer of your daughter, as a court may rule that the house isn't sold and the primary carer and your daughter can stay in the house, until she finishes full-time education. However, that's only if it gets to court. A mutual financial arrangement and fair split is better when agreed by you both. Your wife cannot force you to move out and likewise you cannot force your wife. In fact many people agree to live under the same roof until a suitable arrangement can be arrived at. However, as specified in the article, your wife can force you to sell in order to release her share of the equity, if you refuse to negotiate. If you refuse and she applies to court, then this will cost a great deal more than if you can come to a mutual agreement. Mediation may be something for you both to consider, please see link here.
SeparatedDads - 9-Oct-17 @ 10:26 AM
My wife has just decided that she wants leave me after 18 years of marriage, We have a mortgage together and our 17 year old daughter still lives at home.l understand that she is entitled to a share in any equity in the property. My question is , as it is her that has decided to break up the marriage, and leave the marital home, can she make me move out, also asI am not in a position to offer a settlement can she make me sell ?
CJ - 8-Oct-17 @ 9:01 AM
@Xander77 - if the house has only gained £5K in equity, then request he takes you to court. It would cost more than £15K in legal fees. Plus you haven't been married long enough for him to have a case against you, and you are the primary carer of the kids which puts you at a distinct advantage. It's worth paying to see a solicitor though, so you are armed with the correct facts and what rights he has (re; pension) after such a short marriage. But, I don't think he has much of a leg to stand on.
Ash - 12-Sep-17 @ 11:01 AM
MRR67 - Your Question:
My wife finished our marriage of 18 years 20 months ago. I stayed within the family home but her behaviour meant I had to move out into rented accommodation.I have continued to pay for the mortgage as the house is in my sole name. There is approx 40K in equity with around 80K left on the mortgage.My wife has filed for divorce and we are at the Nisi stage.My wife now wants to take over the mortgage and keep all equity in it and take 40% of my pension with my contributions going to CMS.My solicitor is advising to listen to her offe and set a time limit on her offer.This would potentially mean I sign over a house I have paid for since the marriage started , lose all my equity and any further claim?My solicitor suggests this would stop any potentially expensive court hearings (15k plus) free me of my mortgage payments and liability to the former home. I would apply to the CMS as my children are teenagers.I have tried several times to go to mediation with my wife but she has not progressed any meetings we have had.I am concerned if I sign over the house I will not receive any monies from a house I have put 18 years effort into. Is this the best way to move to conclusion?

Our Response:
In effect, what your solicitor is saying is that if you take the matter to court, you may end up worse off. Your house may be in your sole name, but it is still considered a joint asset a) because of the length of your marriage, b) you may have paid for the mortgage, but who was the primary carer of your children from their birth to teenage years? If it was your wife and she earned less or not at all, then both you and she have worked jointly and contributed as a family team. I cannot advise you beyond what your solicitor has advised. If you feel the situation is unfair and you wish to fight it, then I advise you take a second opinion. However, if your children are teenagers and your wife is the primary carer of your children, then a court could order you to sign the house over to your wife if it thinks it is in your children's best interests. If your wife does not agree with you, then your only option is to apply to court. However, unfortunately the court may still not decide in your favour as it will always put the welfare of your children first. Much also depends upon whether your wife can afford to take on the mortgage, which also will make a difference to the outcome.
SeparatedDads - 11-Sep-17 @ 12:03 PM
Hi, my husband and I have separated after 5.5years of marriage. The marital home was bought with a deposit of £70k which my mum gave to me and I pay her the interest in it, we agreed a rate of interest similar to that she'd get if in a high interest account. this was drawn up as a legal document and witness signed at the time that it was a loan to me. we've remortgaged a couple of times since then to finance the two maternity leaves I took as my husband didn't earn enough to pay his debts and bills and run the house with me on SMP. The home is in my name and I have always paid the mortgage and all family bills. He did contribute every month but i always paid the larger share. We have two young children aged 2 and 4, I have almost full time responsibility with my ex having them every Friday night and every other Saturday, I pay all the childcare (1k a month and he simply pays me child manintenance, he doesn't contribute to the mortgage or any other bills since he moved out. He is now saying he wants half the equity - but it isn't mine to give him, he then said if I gave him 15k he would give me a clean break divorce. I'm at a loss as to what to do. The house hasn't gained much value, maybe 5k since I bought it. As I pay the lions share cost of looking after kids would this be factored into a divorce settlement? Would £15k be a good figure for me to pay him off? I'm a teacher and he's threatening to after my pension - what entitlement would he have to that? Any advice would be hugely appreciated.
Xander77 - 11-Sep-17 @ 12:24 AM
My wife finished our marriage of 18 years20 months ago. I stayed within the family home but her behaviour meant I had to move out into rented accommodation. I have continued to pay for the mortgage as the house is in my sole name. There isapprox 40K in equity with around 80K left on the mortgage. My wife has filed for divorce and we are at the Nisi stage. My wife now wants to take over the mortgage and keep all equity in it and take 40% of my pension with my contributions going to CMS. My solicitor is advising to listen to her offe and set a time limit on her offer. This would potentially mean I sign over a house I have paid for since the marriage started , lose all my equity and any further claim? My solicitor suggests this would stop any potentially expensive court hearings (15k plus) free me of my mortgage payments and liability to the former home. I would apply to the CMS as my children are teenagers. I have tried several times to go to mediation with my wife but she has not progressed any meetings we have had. I am concerned if I sign over the house I will not receive any monies from a house I have put 18 years effort into. Is this the best way to move to conclusion?
MRR67 - 10-Sep-17 @ 8:14 AM
i married my wife 7 years ago and she had 2 children to another marriage and i took them on as my own,They moved into my house and since then 5 years ago we both had a baby boy who is now 5,We had to move out of my 2 bed terraced for which i rented out and rented a bigger property,2 years ago the eldest left and now we seperated over 4months ago due to the younger boy who is now 16 not getting on with me and was always in my face goreding me to which my wife and 5 yr old witnessed,it got to the stage were for the sake of me not doing something stupid because of what the son was doing we agreed to split,i pay 90% of the bills inc rent and have now moved her and my son and her son into my 2 bed terraced because i could not afford the rent,i moved out and currently living in a caravan in a farmers field because i cannot afford to rent anywhere,i still pay the mortgage and 90% of the bills as well as buying for my son,at this moment i cannot see me being able to move out of the caravan,can anyone advise me on the best way forward,do i have to support my ex wife and her 16 yr old son,for my son i will provide everything but i am struggling
beefy - 8-Sep-17 @ 3:00 AM
JayH - Your Question:
Hi thereI have separated from my wife now for almost 2 years. We bought a house 15 years ago but just had her name on the mortgage. We have 2 children together. I understand the family court would probably say I am not entitled to any of the property until both kids have left full education,but where does that leave me? I left the house with basically my clothes and a tv, but have documented proof from banks I was the main supplier of finance into the house. Things have got ugly between the two of us recently and I've decided enough is enough I want what I believe is deserved of me and some portion of the finance back I payed into the house. I also still continually pay £400 a month to look after the children. Can you please advise me where I stand?Cheers

Our Response:
I'm afraid regardless of whether you are the documented 'main supplier of finance into the house', this is irrelevant in a marriage and if you have children. Marriage and parenting is classed as teamwork and everything jointly owned. In many cases, one parent has the job of providing the finance while the other has the unpaid or partially-paid job of bringing up their mutual children. Therefore, the finance is considered joint whatever the arrangement, whether the man or the woman takes on the child-rearing role. Likewise, if you are the non-resident parent you are still responsible for paying towards the day-to-day upkeep of your children. The courts will only ever decide what it thinks is in the best interests of your children and will consider the financial aspect that will cause the least disruption to their lives. If your ex does not have the financial means to buy you out of the house at this current time, then your only option would be to apply to court. However, it is unlikely the court will force a sale while your children live under the roof. If you have savings etc between you, then you should perhaps try mediation as a way of dividing the finances that are not contained within the bricks and mortar of the house.
SeparatedDads - 5-Sep-17 @ 11:34 AM
Hi there I have separated from my wife now for almost 2 years. We bought a house 15 years ago but just had her name on the mortgage. We have 2 children together. I understand the family court would probably say I am not entitled to any of the property until both kids have left full education,but where does that leave me? I left the house with basically my clothes and a tv, but have documented proof from banks I was the main supplier of finance into the house. Things have got ugly between the two of us recently and I've decided enough is enough I want what I believe is deserved of me and some portion of the finance back I payed into the house. I also still continually pay £400 a month to look after the children. Can you please advise me where I stand? Cheers
JayH - 4-Sep-17 @ 6:01 PM
After 23 years of marriage, my wife has spent most of the year on dating sites looking for a new partner. She has now found someone and I understand that she intends to divorce me and start a new life with the new partner. We have 4 children, the oldest daughter is 22 and is completely dependent due to mental illness, the next daughter is 19 and in the final year at university and our twin sons are 15. 1) Can she move in with her new partner taking the children with her? Do I have rights to stop her? 2) Can she force me to move out so that the new partner can move in? 3) Is it considered an appropriate environment for my children to move in with someone they don't know and my wife has only know for 2 months? They have already talked about having a baby together (she is 55) In all cases, how does it affect the marital home ownership? Many Thanks
TK - 14-Aug-17 @ 1:58 PM
Ted - Your Question:
Sixteen years after marriage, my wife claimed that she will have the children (15&16years) staying with her, but youngest at first always intended to stay with father. Since the divorce, youngest son initially stayed for 6 years with father. Consequentially, after persuading solicitors, she finally kept the marital house. Later, older son moved in with father at relocated residence, as she insisted to leave. Is there not a case that father should have kept the house, since 2007, considered youngest son (15 yrs old) stayed even 6 years after divorce, since the relocation?

Our Response:
The solicitor would not decide upon who kept the house, it would be agreed between the separating couple. If one partner objected to the other partner keeping the house, then this would have been a matter for divorce arbitration or the courts to decide. If the father in question is unsure about the financial split post-divorce, he would have to seek legal advice.
SeparatedDads - 4-Jul-17 @ 10:48 AM
Sixteen years after marriage, my wife claimed that she will have the children (15&16years) staying with her, but youngest at first always intended to stay with father. Since the divorce, youngest son initially stayed for 6 years with father. Consequentially, after persuading solicitors, she finally kept the marital house. Later, older son moved in with father at relocated residence, as she insisted to leave. Is there not a case that father should have kept the house, since 2007, considered youngest son (15 yrs old) stayed even 6 years after divorce, since the relocation?
Ted - 3-Jul-17 @ 12:47 PM
Maz - Your Question:
Me and my partner have been living together for 16years. He was separated from his wife for 22years when she left their marital home. Would she be entitled to half his money in our joint account if anything fatal happened to him. Wev had a joint account at tsb for about 12 or more years

Our Response:
Much depends upon whether he has banked/used any money that could be considered as money from their joint marital pot.
SeparatedDads - 3-Jul-17 @ 12:15 PM
Me and my partner have been living together for 16years. He was separated from his wife for 22years when she left their marital home. Would she be entitled to half his money in our joint account if anything fatal happened to him. Wev had a joint account at tsb for about 12 or more years
Maz - 2-Jul-17 @ 11:11 PM
My partner after 6 years of court and solicitors finally obtained his divorce from his wife in 2009. He son was 13 at the time. He wanted nothing from the house and it was signed over to her with a condition she would use her 'best endeavours' to remove his name from the mortgage. We are now 8 years on, the son is 21 and the former wife enjoys holidays to South Africa drives a new car and yet does not earn enough to take over the mortgage. What can we do and how can we get his name off this mortgage?
Smurf - 12-Jun-17 @ 4:29 PM
My wife and i live in rented accomadation.which she pays the rent and bills for .so i have been a stay at home dad for the last 12 years.to which now ive found out after 16 years of living there iam only down as a resident yet we have four kids together.she kicked me out two weeks ago and now it as come out she as been having an affair and started to bring the man found to the house to whichour eldest son as left the house to live with me at my mums house whichis only three bedroom.which as 6 /7 of us living here so iam just wondering what my rights are regarding the maritalhome.plus she as left me with no money what so ever. Thanks
Mufc75 - 5-Jun-17 @ 9:03 AM
I lived in a home for 15 years with my wife and contributed every month towards bills taxes and mortgage only to find out now that we are going to separate her parents company holds title of the home ..am I entitled to any share of the matrimonial home since I have proof of payments during divorce? please help
zak - 4-Jun-17 @ 5:29 AM
Sepsteve - Your Question:
After 10 years of marriage we have decided to separate. We have a 5 year old and a 10 month old baby. The Marital home is jointly owned although I have always paid all the bills and mortgage. I am keen to move on and move out but can't afford to buy unless we release equity in the house for a deposit/stamp duty. She doesn't want to sell and wants to remain in the house with the kids. She's said that she will sell within 12 months of me moving out into rented but I don't trust her. If I move into rented and continue to pay the mortgage and bills at the FMH she'll have even less incentive to agree to a sale. Is there anyway to "force" a sale by for example us both signing an agreement we've drawn up ourselves? I've said I'd accept a 30/70 split in assets and pay her maintenance in order to gain what I need as a deposit. If it ended up going to court could they decide that she should stay seeing as it's best for the kids and I can afford rented and pay her living costs? Or would they agree with me that it's fairer to split the equity so she can still afford somewhere suitable and I can buy a house to make a home for my kids when they see me rather than the uncertainty that rented property brings? I really need to move out but am loath to rent forever and need something legally binding prior to waiting for a divorce and consent order and/or separation agreeemnt

Our Response:
It may be advisable to seek some professional legal advice regarding this. If your ex is the primary carer of your children, a court would always decide what is in their best interests, which is usually to stay in the family home until they leave full-time education. However, we cannot predict what a court may decide. In an ideal world you would decide between you what happens to the house and mediation/divorce arbitration should always be considered where you cannot agree. Court is seen the last resort - but it is always the welfare of the children who are considered above all else.
SeparatedDads - 11-May-17 @ 2:31 PM
After 10 years of marriage we have decided to separate. We have a 5 year old and a 10 month old baby. The Marital home is jointly owned although I have always paid all the bills and mortgage. I am keen to move on and move out but can't afford to buy unless we release equity in the house for a deposit/stamp duty. She doesn't want to sell and wants to remain in the house with the kids. She's said that she will sell within 12 months of me moving out into rented but I don't trust her. If I move into rented and continue to pay the mortgage and bills at the FMH she'll have even less incentive to agree to a sale. Is there anyway to "force" a sale by for example us both signing an agreement we've drawn up ourselves?I've said I'd accept a 30/70 split in assets and pay her maintenance in order to gain what I need as a deposit. If it ended up going to court could they decide that she should stay seeing as it's best for the kids and I can afford rented and pay her living costs? Or would they agree with me that it's fairer to split the equity so she can still afford somewhere suitable and I can buy a house to make a home for my kids when they see me rather than the uncertainty that rented property brings? I really need to move out but am loath to rent forever and need something legally binding prior to waiting for a divorce and consent order and/or separation agreeemnt
Sepsteve - 11-May-17 @ 1:29 AM
My wife has moved out of our home after 23 years marriage , I am at home with two boys 19&16 She has to find rental property and although our mortgage is finished she needs me to support her rental cost because she doesn't earn enough money. Do I have to support her even though she has left ?
Bluenose - 8-May-17 @ 8:06 PM
Nick1042 - Your Question:
My wife has the mortgage in her name only and pays this each month, I pay all other bills to the property. A while back things got bad between us and since then we have been living at the house but the relationship is over. Recently my wife told me she cannot afford the mortgage so needs to sell the house. We have been married for 10 years and have one child. The house was bought while we were married 3 and half years ago. Would I have any entitlement to any of the proceeds of the sale of the house when we divorce? thanks

Our Response:
If you bought the house between you when married and money came from the joint marital pot, then yes you would be entitled to a percentage of the equity once the house was sold and any loan paid back. However, much also depends upon who becomes the primary carer of your child which means their financial need would be deemed as being greater. If you cannot agree a financial arrangement between you and your ex, then the alternative would be family mediation, divorce arbitration or court. All of which will cost and can quite easily suck up any equity gained. Therefore, if you can rationalise a financial deal between you regarding what you both feel is in the best interests of your child, this is always more beneficial all round.
SeparatedDads - 6-Apr-17 @ 11:46 AM
My wife has the mortgage in her name only and pays this each month, I pay all other bills to the property. A while back things got bad between us and since then we have been living at the house but the relationship is over. Recently my wife told me she cannot afford the mortgage so needs to sell the house. We have been married for 10 years and have one child. The house was bought while we were married 3 and half years ago. Would I have any entitlement to any of the proceeds of the sale of the house when we divorce? thanks
Nick1042 - 5-Apr-17 @ 6:29 PM
Della - Your Question:
My partner of 6yrs is going through a financial dispute with his ex wife, They married soon after meeting in 2004, She had lost her 2 children and all assets from her previous marriage to her ex husband so my partner supported her through the courts to regain custody of her daughters one of which took my partners name. After they married they lived in rented accommodation and had two children of their own, She decided that she wanted to live closer to her parents and have room for her daughters of the previous relationship to stay with her, so my partner bought a 3 bedroom house in 2006 near to her parents in his name only because she couldn't get credit and wasn't working and one daughter moved in. In 2007 my partner moved out due to an irretrievable breakdown in the relationship, he supported her and paid the mortgage and gave her money for his two sons and her daughter to support them. In 2008 she put in for a decree nisi and it was granted, she then put her name on the land registry and applied for social housing without my partner knowing anything about it. He continued to pay the bills and visit his sons until 2014 when he called to visit and the house had been vacated along with its contents and he subsequently found out that his keys were with the local police and she had moved to a council house.Since then he has fought to see his children but lost the case due to false allegations of domestic abuse and spent a fortune on solicitors fees etc. We partially refurbished the house so that we could move in on the advice of his then solicitor, In 2016 he applied for his decree absolute and it was granted due to the length of time since the nisi but now he has the financial agreement to sort out. The children are sorted through child maintenance so he is going to court about spousal maintenance of which she is trying to claim the house and his army pension of which he acquired while she was still at school and he was married to his first wife with his first 2 children. He has offered her a proposal of £250 per month until his sons are 21 or until she marries again then the money will go into a trust fund for the boys who are 10yrs and 11yrs now. My partner is 57yrs old and on a low wage and we struggle to pay our bills, I only work part time as I have arthritis and will be having a hip replacement very soon so will not be able to work for quite a while. we have proved all of her allegations to be false and contradictory but we are worried that we could lose his house. Please advise us

Our Response:
Even though there is plenty of detail contained in your question, we cannot advise due to the complexity of the issues. If the house was purchased while married and your partner had children with his ex wife, then she will have a claim on the finances and house. However, if an agreement cannot be reached between them, then it will be reached either through divorce arbitration or court. Therefore, your partner's only recourse would be to seek legal advice. The fact your partner has not seen his children is a completely separate issue to any financial one and he would have to apply for a C100 contact order, if his ex is refusing to negotiate.
SeparatedDads - 29-Mar-17 @ 12:10 PM
My partner of 6yrs is going through a financial dispute with his ex wife, They married soon after meeting in 2004, She had lost her 2 children and all assets from her previous marriage to her ex husband so my partner supported her through the courts to regain custody of her daughters one of which took my partners name.. After they married they lived in rented accommodation and had two children of their own, She decided that she wanted to live closer to her parents and have room for her daughters of the previous relationship to stay with her, so my partner boughta 3 bedroom house in 2006 near to her parents in his name only because she couldn't get credit and wasn't working and one daughter moved in. In 2007 my partner moved out due to an irretrievable breakdown in the relationship, he supported her and paid the mortgage and gave her money for his two sons and her daughter to support them. In 2008 she put in for a decree nisi and it was granted, she then put her name on the land registry and applied for social housing without my partner knowing anything about it.. He continued to pay the bills and visit his sons until 2014 when he called to visit and the house had been vacated along with its contents and he subsequently found out that his keys were with the local police and she had moved to a council house..Since then he has fought to see his children but lost the case due to false allegations of domestic abuse and spent a fortune on solicitors fees etc. We partially refurbished the house so that we could move in on the advice of his then solicitor, In 2016 he applied for his decree absolute and it was granted due to the length of time since the nisi but now he has the financial agreement to sort out. The children are sorted through child maintenance so he is going to court about spousal maintenance of which she is trying to claim the house and his army pension of which he acquired while she was still at school and he was married to his first wife with his first 2 children. He has offered her a proposal of £250 per month until his sons are 21 or until she marries again then the money will go into a trust fund for the boys who are 10yrs and 11yrs now.. My partner is 57yrs old and on a low wage and we struggle to pay our bills, I only work part time as I have arthritis and will be having a hip replacement very soon so will not be able to work for quite a while.. we have proved all of her allegations to be false and contradictory but we are worried that we could lose his house.. Please advise us
Della - 28-Mar-17 @ 7:00 PM
fanny - Your Question:
I am married with 3 kids and left my husband 5 months ago due mental abuse ,we lived in a house that my husbands parent bought about 15years ago for us to live in we paid the morgage for them ,would I be intitled to any more from the them they are selling the house

Our Response:
Please see CAB link here. However, if the house is owned by your partner's parents and not your partner, then it is unlikley you would be able to register an interest in the house. If the house is in your partner's name, then you may be able to.
SeparatedDads - 20-Mar-17 @ 2:32 PM
i am married with 3 kids and left my husband 5 months ago due mental abuse ,we lived in a house that my husbands parent bought about 15years ago for us to live in we paid the morgage for them ,would i be intitled to any more from the them they are selling the house
fanny - 18-Mar-17 @ 4:16 PM
Cathy - Your Question:
My husband and I have been married for a year but been together for 6. We are living in a house he bought when we started dating and now we want to move out and buy another house. He wants to transfer the current mortgage and put all the proceeds from sell into the new house. The bank refuses to have my name on the deed of the new house, so the house will be on his solely name (he will continue to pay the mortgage payments as always been). We have no kids but we will like to have children in a couple of years. Would I have any rights in the future to the house in case of divorce? Thankx

Our Response:
Yes, if you are married and have children, regardless of whose name the house is registered in, you would have a marital claim. In the first instance, the house would be considered a non-marital asset which will favour your husband. However, the level of your own entitlement will be based upon the length of the marriage (the longer the marriage, the more claim you will have), and whether you have children etc.
SeparatedDads - 8-Mar-17 @ 1:57 PM
My husband and I have been married for a year but been together for 6. We are living in a house he bought when we started dating and now we want to move out and buy another house. He wants to transfer the current mortgage and put all the proceeds from sell into the new house. The bank refuses to have my name on the deed of the new house, so the house will be on his solely name (he will continue to pay the mortgage payments as always been). We have no kids but we will like to have children in a couple of years. Would I have any rights in the future to the house in case of divorce? Thankx
Cathy - 7-Mar-17 @ 8:08 PM
Share Your Story, Join the Discussion or Seek Advice...
Title:
(never shown)
Firstname:
(never shown)
Surname:
(never shown)
Email:
(never shown)
Nickname:
(shown)
Comment:
Validate:
Enter word:
Latest Comments
Further Reading...
Our Most Popular...
Add to my Yahoo!
Add to Google
Stumble this
Add to Twitter
Add To Facebook
RSS feed
You should seek independent professional advice before acting upon any information on the SeparatedDads website. Please read our Disclaimer.