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Matrimonial Home: What Are My Rights?

Author: Lorna Elliott LLB (hons), Barrister - Updated: 2 June 2011 |

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)

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.

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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.

Comments...

My wife and I agreed to divorce after 4 years of marriage which followed 3 years of cohabitation. The house was a council property that she and her previous partner purchased for 65k approx in 2002, in 2003 they separated and in 2004 she remortgaged for 95k knowing that I was iminently moving in as her partner. She used 32k to pay off her previous partner (not married but the father of her child) In Dec 2004 I moved in and paid 50-60% of the houshold bills and futher accrued bills to the maintenance of her car and the improvements of the house. We then remortgaged for 118k in July 2007 and married in Aug 2007. She has lost 2 jobs in that time and I have financially taken care of everything whilst she was out of work or awaiting paymemnt from the insolvency agency... twice!! Since we made the decision at the start of 2011 we have had a gentleman's agreement to sell the house, split the remaining proceeds, go our separate ways and divorce in the near future. The house sale of 194k has been agreed and awaiting conveyance before exchanging and completion. I have just received a letter from her solicitor stating that I am entitled to nothing as there has been no increase in value to the house since we married... (250k in July 07 and due to the fall in the current market it went for 194k)The house is in a far better condition than when I moved in in Dec 04 as there wasn't even a door on the toilet. I have constantly spent more money to improve the house and have maintained and improve the gardens to the standard that they are at today. Where do I stand?

Davo - 13 November 2011 @ 7:43 PM

My son seems to be at his wits end, can he lock his bedroom door to stop ex partner from entering. She left the house a year ago, of her own will. She is on the mortgage but does not contribute. They have a child together and she has another from a previous relationship. She has a key to the property and violates my son's privacy by going in while he is out.

Mum - 18 April 2011 @ 10:49 PM

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