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.
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.
If you need to communicate formally with your wife or her solicitor about the property settlement, you can use our free Letter Builder.
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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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 situation may be slightly different. ask a question below ↓ and our editorial team will reply with our advice.
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.
She is trying claim further payments from my house because of the equity that i have made, but i am the one who has struggled to pay for my house
Had she got a case?
disrepair
I completely redecorated the 4 bedroom marital home then proceeded to lay a 50sqm block paved patio ( most of the costs are still sat on my credit card as was promised reimbursement upon her return - I was the stay home parent homemaker with part time job while she earned her 6 figure salary)
At the beginning of September I was issued court papers demanding me out the FMH which came as a complete shock ( yes we’d had our ups & downs but after 10yrs together who doesn’t) - she made some seriously nasty allegations against me and said both her and my son needed to return to the FMH so she could work and he could return to school ( he’s still not been back to the school that was mentioned in court )
After our son was born I was denied the marital bed and after 8 1/2 yrs plus being told I’m repulsive on many occasion I had a brief affair with someone who showed me affection. I was constantly being put down and belittled for my lack of money & the fact I only had a part time job.
Her solicitors continue to bombard me with our client this and our client that to the point I’m being harassed 2-3 times daily, then when anything actually needs addressing ie court hearings they only give me 2 days notice but the court requires 4 days to respond - I’m being totally set up in order that she doesn’t have to pay out, I used to work for her company but obviously she recently sacked me leaving me penniless and because I have no money no job and no where to live I’m homeless.
I’m currently under PTSD therapy and struggle daily with everything that’s happening. I tried to access Legal advice but apparently I’m not able to get Legal Aid to help me fight my case ( I’d love to know why this isn’t possible)
I had a lovely home & family which I absolutely loved but it’s all been taken from me
Split with my wife for 6 months
Went back and “tried” for 3 months as she’s fell pregnant, things still arnt the same
We have 2 girls currently 3 and 5
I wish to sign the house over to her and be reasonable for the sake of the kids etc
The house is only in my name, I put in majority of the deposit and money to fix it up so around £20,000
Would this make a difference to how much maintanence I’m due her, I make around 40k with doing plenty of overtime
Been married for 10 years and we have 3 young children. The house is jointly owned by my wife & I & both of us are on the mortgage. I’ve mostly been the breadwinner in our marriage, with my wife working part-time inbetween pregnancies. However 2 years ago my wife found full time work & I have been the primary carer / stay-at-home parent since then, while also working part-time on weekends. She lost her job 2 months ago, we started having disagreements, and we both decided that I will stay at my mums (while she kept the kids) for a couple of weeks so we could cLear our heads, and then get back together and work things out.
On the day I was supposed to go back home, she emailed me saying she wants a divorce and wants no contact with me. A few days later I tried to go home, but the door was locked, she refused me entry and called the Police. Police said I can’t go in if she doesn’t want me there, and that if I try again at a later date I may be arrested.
Now she’s texted saying she wants the house in the divorce, I’ll never be let back in, and police are on her side. There’s never been any history of violence or abuse from me in our marriage.
How can I get into my house?
Someone please help!
My wife is getting the house valued but my two grown up children who still live with us say the valuers cannot go into there bedrooms as they are private
Do the children have any rights to stop them entering
Neither can afford to pay the other off so my wife wants to get the house valued, our children are 25 & 23 years old but only one working at the moment
They don’t want the valuers to go in to there bedrooms but she says they can do they have a right to stop them entering there rooms
The children have a bio-father who is involved in there life, pays for them to some extent and they stay at his house too, which houses them.
Two children remain at home with their mother (my ex) and are aged 18 and 21 years.
My ex is 57 years and I am 37 years.
My ex has stated that the divide of our estate has to provide a 3 bedroom home for her and her two adult children (they both work).
Q: Am I liable to provide my adult step-children with a home?
Q: Am i expected to have less becaise I am younger with more years of earning potential.
Q: Could the two adult (children) live with their bio-father as he has room.
I feel I am being penalised for two adult stwp-children to be 'housed'
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