Matrimonial Home: What Are My Rights?

Russell 11 Sep 2021

I have separated form my ex for 13 years, i gave her 50k as a settlement for marital home which at the time was only 2 years into a 25 year mortgage so 50k was extremely fair, my yougest daughter left with her and my son stayed with me, i have never received any money from her 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?

Harry 23 Aug 2021

Hi I have been divorced now for three years and my ex-wife is not abiding by the court order following our divorce has the right to live in the house and keep up repairs as I’ve been told she has not been Doing this where do I stand as the property is falling in disrepair

Jenka 22 Jun 2021

My husband left our home 7 years ago family are all grown up but 2 still live with me he has never paid a penny towards the home since he went , we are not divorced just seperated and he's made a new life he now wants me to sell the house and he wants half the money , we o ly have 5 years left in the mortgage that I've solely paid since he went , where do I stand

Hi 20 Mar 2021

I bought the house myself and husband live in out of my life savings where he had non although he pays towards the bills he has been abusive to me he has moved into the spare room and says he won’t leave although this is all his doing. What can I do?

GeenaL 26 Feb 2021

Same thing. My husband left me after 26 years of marriage. We met yet in college.

007 18 Oct 2020

We recently all went ( wife & child ) on a family get together at my wife’s parents - I returned alone to redecorate the house as arranged because she hates the smell of paint and little boy needed a break after sitting in the wife’s office 11hrs per day being homeschooled. 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

Niloc 17 Oct 2020

So messed up situation 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

Teamlush 24 Aug 2020

My partner that I've been with for 6 years,in the last 3 years we are no longer together,but he's still in my house,of wish he pays towards the mortgage,bug I pay for all bills and food,he has done work too the house,like a bathroom,I couldn't afford to get it done so he wanted too do it,and he paid for the materials, now he's saying he want half if the house when I sell it, everything is in my name,where do I stand and can he take me too court

Steve 24 Aug 2020

Hi, my wife has ended our marriage, it's not what I wanted. She said she is going to sell the house but she will not do 50/50. She wants more. Can she do this?

BAMoF 4 May 2020

Hi, need urgent help please! My wife refuses to let me in to my own house days after she asks for a divorce and no one will help! 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!

Lucy 18 Mar 2020

My boyfriend of 9 months (after him and his wife separated) lives in the family home. His wife moved out 5 months ago and is currently renting and stoped paying the mortgage on the family home. he will be buying her out of the family home in the next 4 months when he has the funds. She is now staying that she is struggling to pay her rent and the house is too small and she wants to move back in. Can he stop her doing this?

Grandad 11 Mar 2020

We are divorcing after 25 years,we both live in the same house but neither can afford to pay the other off 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

Grandad 11 Mar 2020

My wife and I are getting divorced after 25 years but we both live in the marital home with both our grown up children 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

Elsie 13 Jan 2020

I have been married to my husband for 7 years. I have been having a lot of problems with my 17 year old disrespectful stepson. Recently he went off on me and told me to move out as it is his house. I live in my husbands marital home. What rights do I have in the house. I have contributed financially for the last 10 years towards the mortgage.

CatKin76 3 Dec 2019

Hi I need advice for my sister. her husband has said he is leaving her after 20 years of marraige, she didn't want this but he is determined although now he is going to Australia for 23 weeks and says he is coming back to continue living in their house. My sister has been practically living in her bedroom for 4-6 months now and he in the living room. He has a very rich family who are paying for his australia holiday and they also have a spare house for him in isle of man. He said he wants to go live in the isle of man as his dad has a business there for him and a house. My sisters husbadnd has a food business here and is apparently giving the business away for free soon ??? He won't leave because he wants my sister to accepta a payout stettlememnt for the house. They have a son too who lives at the house he is 21. My sister has been on anti depressants for 20 years and suffers with anxiety and her husband knows this and he seems to thrive of her anxiety and lack of self esteem. She can't carry on like this but she wants to stay in her home with her son. he has ample opportunity to move out as he has a very rich family to support him. What can she do. he needs to go to australia and not move back into the house. i don't know how she can cope with much more of the situation. We also lost our mum lately to cancer. Our mu mwas dying slowly for months and her husband never supported her through it and is just interested in money, nothing else. My sister hasn't even had a chance to digest what has happened to our mum or greive properly or even relax. What can she do. Please help. He knows he has some sort of control/power over her and he is using this I think he wants her to crack up to be honest. Please help.

Di 30 Nov 2019

I have been married to my husband for 11 months and in this time found out that he continuously goes on porn sites while I'm at work or not in the room he's also messaging women too I was very upset by this but he keeps using reverse psychology on me as he cant see why im so upset about it so starts calling me derogatory names and puts me down making it my fault! I've tried having a civil conversation about it but he just shouts and gets abusive. He's now telling me he wants me out of his home which is a council house and he hadn't put me on the tenancy, can he do this and make me homeless and loose my job at the same time as I'm based in the city where we live, or does he have to help me financially with somewhere to live.

Bond 18 Nov 2019

Been together with my wife for 5 year she brought 3 children not mine but to other dads I have my Owen house and work full. Time she does not work claims tax credits I pay all bills what rights do I have for her in my house am I able to just simply leave

Ashman2726 24 Oct 2019

My wife of 10 years has told me a week ago we are over and I should start looking for somewhere else to live as soon as (with her help) I can afford to as she believes she can afford the mortgage on our house with my 2 children we have had the house together for 10 years but it has negative equity in it with my life being turned upside down would love some help and advice

Sam 27 Sep 2019

I have ended a 15 year marriage. I have no biological children but have raised 4 step-children financially and emotionally. 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'

Pam 23 Sep 2019

I have lived and got married to a man for four going on five years the properties he has got there are two and not alot of equity in either of them .I worked part time shortly after moving in in feb 2015 in june 2015I settled in two my job after getting married on may 23rd-2015 .before moving infeb 2015 we had a year relationship which was wonderful until the december when he hit me .I thought it eas my fault and the travelling he did to work so I geve up my rented house that I had bought my daughter up in and one that I had for life to move in and marry this man thing's didn't change he has never hit me again but has come close and is very verbally aggressive. I have always cleaned cooke done the shopping including was of his 37year old sons cloths sheets etc as well as a flexi part time job .I want to end this and go back to where I am from as I feel that would be far enough away from him I also paid for four and five days holidays we had because the house are in his name what if anything would I be entitled too I also left a full time job with a pension that had only just started to move here.is there anything that I am entitled too ?

Paul 21 Sep 2019

Got Married 3 years bought a house 6 months later but was put in my wifes name due to my bad credit rating split up nine months later. But was still paying half the mortgage for months. Also my parents took out a £10,000 loan to do improvements to the house which im still owe £6000 to and i am soley paying it. She has put the house up for sale yesterday told me nothing about it we have been civil and now not answering her phone to discuss this. We have two kids which i pay maintainence for. We split due to her messing about and i walked out. Dont know where i stand with the equity in the house if anyone could give me some advice??

Jo 19 Sep 2019

My husband became addicted to prescription pain killers 10 years ago leaving me to carry sneering including raising and supporting our 4 children I hag worked 3 jobs to pay for emerging he hasn't contributed to anything in fact he doesn't even have a current account His behaviour is often irrational but mainly he sleeps during the day and is awake during the night I can't go on any more. His father passed away and an inheritance is a due soon which will be around 50k our mortgage is 180k Interest only 3 years left and the house which my son and I have renovated is due to go on the market any day now profit of about 100k I need to how that would be divided understand what will happen after we sell if I ask him to end our marriage

Khafinelson 9 Sep 2019

Thanks to Erica raven because she is great. she has done so much for me. A few months ago my wife left me for another man. I was so depressed I was even admitted in hospital. Then for some reason I was searching for divorce lawyers and to my surprise I ended up on the Erica website (w w w . ericaraven. webs . com). I started reading her works and testimonies and I was so encouraged to fight for my marriage through his power and work. There were times were I lost hope, thinking of giving up but she reminds me to never lose hope. Isaiah 41:10. Today I can say my marriage has been restored. We happy and playing every day and she is happier than before. if you are having such or any kind of problem, you can also contact Erica magic temple on her email erika_raven_temple @ religious. com

Mick 7 Sep 2019

Hi I have separated from my wife of 28 years for the past 18 we have lived in a property owned by her parents in that time I have made renovations kept all maitaince and been the main bread winner ,what if any entitlements do I have .when it all was good the mother had it written that the home was to pas to us thanks

chris 9 Aug 2019

can a wife get her ex husband barred from her parents property and home grounds

shaun atkins 1 Aug 2019

Hi, I got divorced this year in January 2019 in the Slovakian courts in Slovakia. I agreed to let her have full custody of the kids as she lives in Slovakia and i live in UK. But it was on the basis that i get to stay at her place when i come over and that we will arrange things between us for holidays with the kids.... I only agreed this on the above basis, as if she didn't then i would contest the divorce (which i didn't), because we both agreed. I also was paying her child maintenance at the end of the month as it was easier for me to do it that way. But the judge said that i have until the 10th of every month to make sure that she recieves the money for maintenance. My question to you is, 1: When i went to court to get divorced the only thing i showed the judge was my passport to prove it was me. There was no signing of any agreement or anything like that at all. All i got after a week of being divorced was a a paper from the courts saying she has custody and that i must pay her for my children so much before the 10th of every month. Is that legal as i thought that a legal document especially in this case being over there i should have signed something, but nothing. So not sure if it is right or wrong. 2: Everything has to be on her terms when i see kids or even get to speak to them, which is not what we agreed upon in court otherwise i would have contested it, but nothing was put in writting about it???? 3: Am i in my right to pay her the money on the 10th or just before instead of the last day of the month like i have been, due to her not sticking to any of our verbal agreements. 4: Can i hold back the pay as well until this is solved, or do i have to get hold of the courts in slovakia to put in place that i also want shared custody of my kids even if they live there and i am in the uk. As my kids are British. And also that the courts put in place when i can have the kids, instead of her barking orders and on her terms only. 5: knowing we are leaving the EU, does this still stand about paying the money as it will be harder for me to see my kids as will have to get visa etc.. As when i was there the judge did say we are still part of the Eu but it is the Slovakian way which i do believe is wrong as the judge should have been mutual with both parties instead of just one country should have taken both countries into consideration. I have not paid her maintenance for the kids as of yet this month as i am sick and tired of her manipulating me all the time and now i am waiting until the 10th to pay her as per the paper i recieved from the courts that clearly states i have until the 10th to pay her. Please i need help here.... Thanks Shaun

Paul 24 Jul 2019

I am divorced after 13 years marriage without any any child.our family home is for sale on base of court order since last year so my ex wife is living in family home . now the interest rate for the mortgage will go up and she needs to find another deal and asking me to sign paper for her as still I have interest but myself renting a place and paying high rent . Do I have to help her to get a law interest ?? can I ask her to go out the house rent a place for herself . How on earth the house is in Market for one year with no offer?? if I sign for her that means she will stay forever. I need some advice what is my right??

Abbie Pearson 23 Jul 2019

Hi there, I am 63 yrs old my husband is 65 he suffers with mental health problems and is also physically,verbally and emotionally abusive.We own our own home( with mortgage) and every so often he threatens that he will sell our home! Besides the trauma of always being there for him for 44yrs of marriage. Last night he informed me that he had contacted an estate agent to come value our home with a view for a sale. I have worked partime on and off for 35 yrs but mostly being a stay at home mother taking care of our children who are now grown and don’t live with us. I die every time he does this! My three grown up children won’t talk to their father,they are disgusted with what he does to me. Could you tell me if I would be eligible for some kind of remuneration “Spousal something”...sorry i’m not really clued up with the technical terms. I have little savings. I would be grateful if you could give me advise... kind regards, Abbie Pearson.MAT

Jo 19 Jul 2019

I'm married with 2 young children with a morgage under both of our names we have decided to part. But I can not afford to rent and pay towards the morgage and pay child maintance what can i do?

Nelly 8 Jul 2019

Hi, we got married in 2001, and separated in 2011, but we are not divorced yet, we have grown up children who live elsewere, my ex wife still lives in our home, can you tell me if i am entitled to anything regarding the house which is i joint names,

Bug 29 Jun 2019

My husband walked out 4 years ago. During this time he did continue to pay the mortgage and various utility bills. Now he is wanting a "Legal Separation", "Mediation", and then "Divorce". My question is this....Will the 4 years of paid mortgage and bills apply towards "Spousal Maintainance" paid to me? In other words, does the last 4 years that he has paid on mortgage etc. considered "Spousal Maintainance" , and that I will not receive the "Spousal Maintainance" that I would normally receive?

Reey 21 Jun 2019

I have been married 18 years. My husband came on a fiancé visa and didn’t have a work permit until 2004/2005. I maintained him and 2 children from a previous marriage and also his child. He never contributed. I purchased my house in 2002/2003, in my sole name as ex-council and they would allow his name on. We used equity and purchased a family home. He argued it to be in his sole name so we were even. I didn’t mind. Now 18 years on, I’ve funded his bad business ventures and lost £130k through unsuccessful businesses. He moved out 7 months ago and is demanding £60k or he will divorce me. He says he needs it to stand on his feet and find his way, I never get mentioned in his future but the 3 children he has do. Never mentions my older two. Confused as I have maintained him for years, paid the bills, food. Clothing for everyone including him, his car insurance and all the other luxuries. Both houses have had extensions which I have paid for and I am paying the loans including a £17,500k business loan he took out in my name. He has never provided for me or the children. Can he through the children and myself out? Can he force me to sell my investment? Am I better giving him £60k, he only ever spent under £5000 which includes any mortgage payments he made. He lived like a king :(

Dez 8 Jun 2019

I am seeking advice for the matter of selling my home that I own outright in my single name only that my ex partner lives in with my 10 year old daughter, she is living there with daughter and her eldest Son who was from a previous relationship prior to meeting myself. I believe she may now be having her new boyfriend living with her, and I am still the owner of the property and I pay the mortgage myself which in a way kinda pays for the child maintenance for my daughter. I am wanting to sell the property to get a clean break from my ex as I am blocked on all communications with her and my daughter and I want to sell the home to move on. any advice on this would be very much appreciated.

Cloud 8 Jun 2019

My wife left me saying she had feelings for someone else we had mediation and agreed to joint custody/parental responsibility. My parents helped me to buy the marital home and give her a lump sum I also gave her the car and paid the loan iff that was on it. She then decided she should have the children four days and I could have them three. I've met someone else and she is now saying I can't see them when my partner is staying. It was,her that kept telling me to move on she said she is taking my to court over the children. She said the children are upset because of my new partner but they really like her and my youngest have told me that she keeps asking them what we have been doing and if my new partner was here which upsets them What can I do

Roby 30 May 2019

Me and my wife living together since 7 years but had religious marriage only. Now she is asking for divorce and looking for financial settlement. She worked on off but never in regular job. My house is on mortgage and only my name since I bought 5 years ago. I'm the one who is paying mortgage and paid the deposit. We don't have any kid but I had one 9 years old daughter from previous marriage and comes to stay over the weekend. I have paid all the utilities in last 5 years and she never contributed. She is also asking for maintenance but she is earning more than me these days. Please advise

Dazza 29 May 2019

Hi there. I met my wife in 2012 and we married in 2014. It's been a up and down marriage over kids not wanting to get involved with each other. Now she says she's had enough and wants me out and hates me. I pay the council rent but her name and her ex husbands name is still on the council tenancy agreement. Even thou they have been divorced for years. I have a good job and she has 5 kids of her own who are all grown up now. And I have 2 daughters who live away. Where do I stand if I get kicked out. I can't afford private rent as I have lots of bills and can't afford private rent on my own. What should I do.

Dadineed 8 May 2019

Split from my ex last Nov, the house we rented was owned by her parents, we paid rent via cash and bank transfer a few times from one of our businesses we had. She has now moved out of that property and has said she is selling it to pay of all her debts. Would I be entitled to anything?

Dee 5 May 2019

Hi, I’m getting a divorce and my husband has informed me that if I don’t agree to his terms, which is half the house and half care for the children. He will make sure the house gets repressed because it’s in his name but I’m on the land registry. Also start trouble if we get viewers for the house and start destroying it. What should I do, I have a solicitor so will inform them.

Drew 3 May 2019

I split with my ex wife in 2016. And divorced in 2017 i have a joint mortgage with her on our marital home. Which she still lives in with our 9 year old son. I have been told I can't force a sale on the house untill my son is 18 years old. I have been renting a House since the split and haven't paid towards the Mortgage. As I have had my rent to pay. I have equity in the property. Which I don't want to lose. But I'm now wanting to buy a house with my Girlfreind. How do I get my name removed from the marital home and still get the equity I am owed..

Diane 9 Apr 2019

If I have been married for 40years my husband still lives with me but leaves everything to son is there anything I can do

Paul Sweeney 9 Apr 2019

I have 4 children aged 7-9-16-18 the marriage has broken down and she wants me to move out the mortgage is in both names I have found somewhere else to live I am the only working one in the house she gets carers allowance for looking after her grandma where do I stand financially would I have to pay all the mortgage or only half

Taff73 7 Apr 2019

I Been married 9 years and have 3 kids, only one is biologicaly mine.. we lived in a council house.The tenancy is in her name and I'm only down as an occupier. Up until Xmas 2018 I thought we were good, as it turns out my now to be ex wife left me in January and moved in with her drug dealer new boyfriend!. My kids are in temp foster placement and I have a strong possibility of getting them back as a single parent through the court. What right do I have to take over the tenancy and how do I go about it? As she is now threatening me to move back into the house I've worked hard in with this man!. Help!.

Emma25 22 Mar 2019

Hi. I am married with my husband for 7 years. Three years ago he bought a council flat took mortgage everything on his name. My name is only on council tax. When he was buying property he gave me to sign a paper and ask my friend to sign it. Basically we did sign it with no reading as he told it's too sort quicker to get mortgage. Now from today he told me I have to move out because it's his property and that I have signed a paper that I am only a tenant and I am not entitled to anything. Can he kick me out? He told me he will kick me out and that he will call police. Can he do that? I am scared now I have nowhere to go.

fatheroftwo 13 Mar 2019

Hello, I wonder if you can help with letting me know what my options are. I have spilt with the mother of my kids, 7 and 2, and left our rented accommodation which I am still paying for along with all bills. The tenancy is in my name as I am the one who has a full time job and I have given notice to the estate agent. The 'checkout' date is May 2nd. My ex is now saying she will stay in the property after the date. I am happy to pay maintenance and my kids are my priority but I don't want to continue to pay for a property that I no longer live in and I also need to find accommodation for myself as I am currently staying with my brother who will be moving 'up north' very soon. Communication with my ex is rapidly deteriorating and I find her unreasonable to deal with. What advise would you give? Thanks in advance.

Well1977 11 Feb 2019

Hi, have been married to my wife for 4 years now but have been staying together for 8 years. We about to divorce, she got the house is on a mortgage 4 years before we met so it’s all in her name. I have been contributing 50% of everything for the last 8 years. Would I be entitled to a some share of the property when we divorce.

Matt 4 Feb 2019

I split up from my wife in 2016, we own a house jointly which there is a mortgage on together with a loan. After we separated I continued to pay the mortgage whilst giving my ex maintenance for our children. Since then I have met my partner and we have had a child together, as a result my child maintenance payments have reduced (as per CMS) . My partner has now moved her new partner into my house. They have just got engaged and as I am getting married too now is the time to get things sorted. The property is owned jointly, I paid the mortgage for 10 years on my own until we split. Can I force a sale of the house or get my ex partner to buy me out of the house. What will happen with the loan? I will not be liable for a property that my ex partner and her latest boyfriend are living in.

Brogan 31 Jan 2019

Broke up with my husband 4years ago. I'm in a council flat. He's still in the house. It's a joint mortgage which is paid off. I want to move on and need money. How do i get my share of the house?

Brogan 31 Jan 2019

I've split with my husband of 40 years. He's still in the marital home and I'm in a council flat. I need money to move on. It was a joint mortgage which is paid off. We're do I stand. I don't really want him to sell.

Steve 16 Jan 2019

I am the sole tenant of a one bedroom Council flat. My ex wife is not entitled to any government funds. We have an 8 year old daughter. Who gets to keep the flat?

None 2 Jan 2019

I've been separated legally from my ex-wife 11 years ,A month ago I sign the papers for divorce I am selling my house l have lived in 11 years what is she entitled to ASL of closing

Phil 27 Dec 2018

I have a joint mortgage with my ex wife and she has just got engaged to her partner. If they get married would he have any right to my half of the house? My boy still lives there and things are amicable between us. There's about 9yrs left on the mortgage. But just wondered. Thanks.

C 12 Nov 2018

I haven't seen my husband for over 10 years and I'm about to complete on my own property. Obviously he won't have contributed anything towards the property as it's new. Will he have any rights to the property if he ever reappears?

jonjon61 6 Nov 2018

Hi. I recently split with my long term partner who we have 2 kids. She has found her own home to live in for which she receives support with the rent in benefits. I also pay full child maintenance. our property which we both own has been empty for the last 6 months, but in the last 3 months she hasn't paid her half of the mortgage. She originally agreed to sell the house to me. Recently she has been in and emptied the property of all possessions without my consent. I since changed the locks to stop her entering again and taking anything against my will. Since this she has now refused to sell the house to me. She does still want to sell the house, just not to me as she wants to make my life difficult. Currently I live with parents but have no stable home for when I have my kids. I have been reasonable with her, but am going to be proceeding with court to settle this. What is the stance with her wanting to sell the property, just not to me? How would a judge likely view this? Thanks for any help

Will 3 Nov 2018

My wife bought the house we are living in 15 years ago (she is solely on the deeds of the house). We got married a year ago but we have been living together in that house for 7 years. We were thinking to put me on the deeds of the house in case something happens to her (or we get a divorce), but the bank is threatening on changing the conditions on the mortgage (raising the interest rate dramatically). We’ve been told that we could sign an agreement in which she agrees to share the ownership of the house with me (50% ownership). Is this possible? What should be the requirements in order to make this agreement legally binding? Thanks for your support

Duck 24 Oct 2018

My wife has seperated from me in 12/6/18 as we had a row again about her son my stepson selling drugs from our home police where involved my wife hasn't let me back home since and just 2weeks later I receive a seperating note from her scolisitor since this I lied to police about my accusations towards her son to try save our marriage but she dosent want to know she also wants to buye me out of the home although I transfered the full sum of money to buye the house and also refreb with my monsy after selling my home I'm now liveing in a flat which I can hardly afford she's doin extensive worth refurb to the house also with out my concent where do I stand as I'm now basically broke and homeless?

Shane76 15 Oct 2018

Hi, My wife and I have been married for 17 years. We have a 7 year old son. We are separated and my wife is being unpleasant. We are all still living in the FMH together. My wife and I have both contributed more or less equally to the FMH. There is enough equity in the FMH for us both to have an amazing deposit on 2 smaller new homes, but not buy new homes outright. My wife wants to remain in the FMH. I want to sell the FMH and split the proceeds. There are no other assets in the family worth mentioning. Question: what are the chances of my wife being able to remain in the FMH and me being kicked out with nothing at all? Thanks for your help!

Idiot 10 Oct 2018

Still married to ex wife and we have a 13 year old child together. I left 9 years ago and see them at the house 2 times a week. I want to sell the house to get on with my life with my new partner but i am still paying every bill including the mortgage plus give her £80 a week on top for their shopping. The ex wife doesnt want to move as its 4 bed and large but she is a hoarder and every room is untidy and it all needs painting. I have been trying hard last 4 years to get it tidy enough to sell but she is constantly dragging her heels and says she is too tired/ill (she doesnt work as she says she's to ill...) and its just dragging on but i have come to the end of my fuse as i am getting huge pressure from everyone else to get the house sold. I cannot reason with her as she just gets childish about it. Its costing me over £20k a year which i can barely afford. I am supposed to pay just £95 towards my child based on my earnings

BOYLE 9 Oct 2018

What's the legal position over shared sheltered housing association property where the wife signed for it first but joint names are in the tenancy and husband pays the rent and all the bills. If I left her would I have to continue to pay all the bills and how can I get a property on my own is there anyone I can contact. We have been married over 40 years pensioner with 2 private small pensions, but I cannot live with her moods anymore but I am frightened to leave for fear of not being able to manage money wise paying for 2 rents etc.

SeparatedDads Editor 11 Sep 2018

This would have to be negotiated between you. If you have children, it would make a difference in the eyes of the courts. If you don't then what you both have put into the property and taken out should be agreed on and divided equally, preferably by mutual agreement, or mediation.

Rohan 10 Sep 2018

My wife and i have divorced. She moved out of our jointly owned home and for 15 months has not paid anything towards rates. Or the morgatage. Is she still entilted to half due to myslef only servicing the bills for this period?

SeparatedDads Editor 3 Sep 2018

Much depends upon the amount of money you put into the house originally. You would have to seek legal advice.

Harry 2 Sep 2018

My ex wife and myself divorced about 13 years ago, my name is still on the deeds and mortgage, I have not paid towards the mortgage since we split up but I pay child maintenance for my daughter who is 17, my son is 19 so I no longer pay for him, she now wants to take me of the mortgage and deeds, I’m I entitled to any money from the equity in the house?

SeparatedDads Editor 13 Aug 2018

If your children are under the age of 18, then it's likely a court would allow your children to remain with your wife in the house (if she is the primary carer). However, as the marriage has been a long one, you would be entitled to a split of the property regardless of who contributed financially to the marriage (as all finances and assets are considered jointly owned in marriage). You can see more via whichwhich includes which forms to fill in if the house is registered in your wife's name.

SeparatedDads Editor 13 Aug 2018

Much depends upon the age of the children and the needs of each individual (the children being considered first). As the marriage has lasted a significant length of time you would be entitled to a percentage of your wife's pre-marital/presumed inherited asset. Remember, everything in marriage is considered jointly owned regardless of the financial amount each spouse has personally contributed. However, your wife may have the upper hand because of the children and the property are effectively hers. What that percentage should be, is best decided between you. As a last resort, court would be an option to consider but this would cost. You would be best to seek legal advice regarding this matter.

Pepe 12 Aug 2018

Hi My wife and me are separating, (divorcing), after 17 years of marriage and 21 years of cohabiting in a" house on her name". At the start I use to give her my other place's rent money, £180 a month, then we got joint accounts and all expenses were shared. Soon after that I was paying for most of the bills and transferring to my wife's account £600 a month to help with mortgage and house related bills(all utility bills are under her name, she would never change anything). What are my rights when we divorce, regarding the money I have paid towards the mortgage? I don't want to walk away empty handed. We have had separate bedrooms for 6 years, and I intend to give her more money that the law requires for the children (12 and 15) maintenance. I seriously need some advice, all stuff on internet confusing. I have printed and need to send a Land Registry HR1 form. Is that right? Many thanks in advance. PS Happy to share my story, but can you also reply to my email, please?

Eriksen23 12 Aug 2018

After 12 years of marriage my wife wants a divorce, neither have cheated but she’s unhappy, I’ve done everything to save the marriage with no joy. The deeds of the house are in her name and have been for 4 years, previously the house was her parents. I have been living there for 20 years splitting the bills etc but we never had to pay rent or a mortgage on it. Now I am worried that at my age and low income I can never afford to buy another property without some kind of settlement from the divorce. Am I entitled to some pay off for my contributions to the bills, upkeep of the house etc so I can start again? I have also helped raise and support 2 children over the 20 year period even tho I am not their natural Father

SeparatedDads Editor 26 Jul 2018

Much depends upon whether you can afford to take on the mortgage and how long your ex has defaulted on it. If the house is in negative equity, then there will be no equity left to distribute. If there is a small amount of equity left it will go to the mortgage company to help pay towards the defaulted mortgage. It may be worth you seeking some legal advice as it all depends on the sums, so to speak. However, in order to have the house transferred, the matter would have to go through court. When you stayed in the house with your daughter if you could afford to keep up with the mortgage a court would have been unlikely to remove you.

katylou 25 Jul 2018

I have an interested registered with the Land Registry for my former marital home, the mortgage is in my ex husbands sole name. After we split, he moved out and I stayed at the home with our young daughter for a year, then found my own home and moved out. He has subsequently defaulted on the mortgage, and it is looking likely that the house will be repossessed. What are the implications (if any) to me if the house is repossessed? It is likely that the house will be in negative equity (he's been renting it out, and it's pretty much trashed), so if there is a shortfall in the mortgage would I be pursued for that? On the other hand, if there is any equity remaining after the mortgage is paid, would that have to be included in our eventual divorce settlement?

SeparatedDads Editor 23 Jul 2018

Your partner can ask his ex to buy him out of the house, or remortgage if she can.

alys 22 Jul 2018

my partner has been divorced from his wife for over 10 years. She remained in the marital home with the 3 children and has now been married for several years tp someone else. He has moved into the house and they pay the mortgage but my partners name is still on the mortgage and this prevents him being able to get a mortgage of his own.. All children are now over 18 and studying and working part time. My partner wants to take his name off the mortgage so that he is able to buy a property for himself but he doesnt know how to do this. can you help please?

Jacq Editor 17 Jul 2018

@Katt - :( sad for you. You would have a claim if you have been together for so long especially if you lived together. The options are to agree a split between you (surely he dosen't expect you to leave without nothing after 20 years). If he isn't feeling generous, then you can apply to court. If you are married, even though the house is in your husband's name, you can register a beneficial interest in order to stop him selling without your permission. Let's hope you can agree a financial settlement between you. But please be assured you do have rights. See a solicitor -it's worth paying for some initial advice.

Katt 16 Jul 2018

My husband and I have been together for 18 years, but actually married for only 2 years He bought the house we are living in soon after we started our relationship (the mortgage and deeds of the house are on his solely name and he’s always been paying the mortgage) I’ve been working until a couple of years ago, when we decided to get married and have children. For that I quitted my job. Now I can’t get pregnant and he wants to divorce me (I’m 46 years old) I’m devastated (but that’s another matter), I would like to know if am I entitle to anything at all? Alimony, any rights towards the house? Thank you so much

Softy 7 Jun 2018

Such a shame for her What is the world coming to, you applaud someone who has been looked after adored and loved, then when sons benefits run dry takes off and doesn't care where or what happens to those who loved unconditionally. A month on holiday at whose expense, not hers as she could not of cared for any of them?

Creamy 7 Jun 2018

@softy .Oh this is sad that poor poor disabled man sounds like you come of the closet .and your poor disabled son can’t process because of his learning disabilities.but it’s all good you have a life now with your girlfriend .i am sure your son will come to understand .my advice don’t worry about your ex I hear there is a lot action at the endeavour if wants to meet someone .

Softy 7 Jun 2018

Wife came home from months holiday and announced she was leaving, shocked I asked why her reason she said she wanted a life. She went to stay with female friend she met on holiday she is now coming back to put the house up for sale the house is in joint names I am registered disabled and our son 18 has autism who goes to collage for young people who have had learning problems. Can my wife just come and sell the house or can I say no as we will be homeless or at least until my son and I find a suitable place to rent which could mean moving out of the area leaving our eldest son again with multiple difficulty's including autism whom we got settled in a flat near by who we help with his budgeting and shopping and day to day living. His dependence is our goal but being near gives him more confidence and any problems can be sorted quickly without him becoming unable to cope resulting in him having a melt down. We've Been together 33years 23 years married. Desperate for info

Lester 26 May 2018

Married for 17 years,we have lived in 3 different houses in that time no mortgage but my wife cotributed the most to the first house ,I paid all the legal fees .It was agreed she would have the house in her name ,we have no children together.All through our married life she did not work and I pad all the bills ,eating out ,holidys etc .We divorced on 26 October 2017 but I had been forcibly removed from our house by the police ,who apologized the next day but said they could not do anything as my wife had now made it a civil matter .Since then until recently I had been of nfa but now live in a housing association flat and have no job and as I worked from home at my marital have been unable to get on my feet .I am 60 my wife is 70 years old and I have now approached the courts to make a judgement re a settlementas I know I am entitled to 40 percent of the sale price but I will accept a lower figure as I want to get on with my life .My wife and her solicitors have made me out to be a no good layabout which I definitely am not and I despise her for this .The court case is soon and I cannot afford a solicitor ,she will no doubt have a Barrister and I am hoping to cut a deal prior.This has gone on a long time and any advicewould be very helpful

SeparatedDads Editor 18 May 2018

If your ex has paid for the property for 25 years, regardless of whether it was considered a pre-marital asset, it is unlikely you would have much say in the matter, unless you had owned it for a considerable time prior to marriage, and/or invested financially in it. You don't say whether your name is still on the deeds. If so, you may wish to seek some legal advice, as any such dispute would have to be resolved through arbitration or court.

Disappointed 17 May 2018

Marriage lasted six years. Ex and kids allowed to live in property so long as mortgage paid (at a very low rate way below rental value) and it remain family home. Divorced and 25 years later ex claims it's hers even though not in her name and purchased prior to marriage. She does not want kids to inherit anything what rights does a dad with a kind heart have. He lives in tiny rented property and wants to safeguard kids inheritance.

SeparatedDads Editor 14 May 2018

If your ex is the resident carer of your child, then it is unlikely you would be able to force your wife to sell the house if she and your child are residing there and can afford to make payments on rent/mortgage. If your wife does not agree to allowing you anything you own, then your only option would be to apply to court. However, you may wish to seek legal advice first in order to see whether you would have a case and whether it is worth taking the matter further. Much depends upon what you put into the relationship financially prior to and post marriage.

Doc 11 May 2018

I have been married just over 3 years .the wife asked me to leave her name is on everything .lived together total over 7 years.shes reluctant in handing over house hold goods just my belongings. We have a daughter together i had to take her to court to gain access over nights and still on going .question am i dentitled to anything as i was contributing for so long but married short time .

irishtenor 4 May 2018

My mother left my father 29 years ago and has not stepped foot in the house since, she has not contributed anything to the house in all this time. Unfortunately both there names have always been on the house but it was always known that my youngest sibling would get the house but now she forcing my dad to sell the house so she can get half the money. They never got divorced. Is she entitled to anything. She lives in a different country than him also.

SeparatedDads Editor 26 Apr 2018

You would have to seek legal advice. You can either come to a mutual agreement between you or seek legal advice regarding taking the matter to court. The fact the marriage has been short will mean you would be entitled to less than if the marriage had lasted. A solicitor will tell you what sort of claim you have dependent upon your circumstances and needs.

Rogerio07 26 Apr 2018

Married year ago now wife says she don't want it she's 72 I'm 70 she's been married twice before with children from those marriages.they are against our marriage and have caused alot of problems for us mainly over there mums will over lots of money and property she has. The house we live in here I pay towards bills etc plus do lots of work on the house at no labour cost to my wife My main worry is that once divorced I will have "nowhere to live" can I claim anything from my wife in anyway?? I left a flat that was under sheltered scheme could of live there for the rest of my life..,before i.met my wife in 2015 ..what's my situation legally please

Gill 25 Apr 2018

I have a friend whom I'm trying to find information for him but finding it hard. His wife has just left the family home with their child 3 weeks ago. In that time she has put claim to the house, said she wants a divorce and in those 3 weeks had let my friend see their child once and refused any contact at all. She is now refusing to answer her phone or reply to messages regarding the child. How can this happen? Is there anything he can do?

GenBe Editor 10 Apr 2018

@Donna - easy - just change the locks and if he tries to break in report him to the police for harassment.

Donna 9 Apr 2018

I have been divorced for 10 years was married only 3 years.. 2 children 1 aged 17 not in education n 1 14 still in education ( both his children) i also have a 4 yr old ( not his from a brief relstionship) as i work part time becausebof the children i have never been able to take on the mortgage by myself so it is still jointly owned. He is now threatening to come n go whenever he pleases as he owns half the house and its his legal right, this makes me uneasy & scared. Can he do this after 10years? He doesnt contribute to the kids money wise but pays a quarter of the mortgage he has never paid half ( not paid anything tho the last 3 months) i did agree to sell if he contributed to half of the up keep but hes refused saying its my responsibility but i know its both. Ive lived here for 13 years n nothing has ever been done so things are run down. Where do i stand? Someone help me.

Laurie Editor 27 Feb 2018

@steve - it is highly improbable she could make a claim now as you would be able to prove that an agreement was made between you.

SeparatedDads Editor 22 Feb 2018

You would need to seek legal advice, only a court can help resolve this matter. If your ex is found to have tried to sideline finances and/or deprive you of the share of a marital asset, the courts will take this seriously.

Annie 21 Feb 2018

My husband and I’ve in Manchester we bought a second home nearby to remodel which too 3 years. While I was in hospital my husband asked me to sign the house over to his name as I was I’ll and he said it was easier if he needed to take a loan out for remodelling. A year later the house was done and I’m back to normal. He said the house was taking a while to sell but I found a letter saying house has been sold and he has put the money into another account I didn’t know about without my knowledge . We are married with no children have been for 15 years I think he is getting ready to leave hence the reason for trying to hid the assets. What can I do about this?

SeparatedDads Editor 20 Feb 2018

Your only option would be to apply to court, if you cannot resolve this issue between yourselves.

Certa Ceta 20 Feb 2018

We have been married for 35 years. We have no children from the marriage. However, my wife has one adult child from a previous marriage and I have three adult children from a previous marriage. Although I provided the deposit and have paid the mortgage (completed) and all the utility bills for the entire time of our marriage the marital home is in my wife's sole name. She is refusing to return our home to joint ownership. I fear she intends to disinherit my children and leave all to her daughter, when I die. I am nine years older than my wife and in poor health. How can I ensure all the children from our previous marriages get equal shares? Without risking my wife becoming homeless.

steve 16 Feb 2018

I separated from ex partner(not married) 3 years ago we have 2 children and we did have a joint mortgage together. when we split up she didn't want the house so i brought her out via a solicitor, land registry and the mortgage company. so now the house is solely in my name. my question is, is there any way that my ex could have claim to my property even though she legally took payment for her share of the property and was removed from mortgage and deeds of property?

SeparatedDads Editor 2 Feb 2018

You don't say whether you have children together or not. If you do, then you are looking at a more even split, if your ex agrees to sell. Otherwise, a court may allow her to remain in the house if she is the primary carer of your children. However, if you have no children and the marriage has been short, then you may be entitled to request your deposit back as it could be considered non-marital. At the same time, you might just wish to come to an agreement that suits you both and which you can agree to without having to pay legal professionals to sort it out in court. You may wish to seek legal/professional advice though in order to fully explore your options.

giggs 31 Jan 2018

I moved out of our house, and have been renting for 3 years now. We were married for 3 years, with the house in both our names. As I was earning more, I paid for the mortgage and bills (and put down the deposit too with my life savings). I feel that my ex is looking for more money than she contributed, and cannot see past the fact that the mortgage is very cheap, whilst I am continuing to pay 'dead' rental money. As there is only maybe 60k equity in the house, should I just settle for 50-50% split? I feel that there will be problems just round the corner too, as I'm sure the bank wont allow us to have just her name on it, with a low salary

Baz 28 Jan 2018

Hi I'm divorced but I still have a house with a joint mortgage with my ex. It's in negative equity and she has not paid anything for 6 years. Where do I stand? I want to get rid of it but feel I'm stuck and she thinks she is entitled to money when I sell it!

CharlieVF Editor 25 Jan 2018

@Johny1977 - you can counter-sue! As you could have a claim on her house, especially if you put money into it for refurbishment and paid the mortgage. If the marriage was short (under five years) then she has little claim, unless you have kids. If you take the matter to court though, any money that you both could have will go into the solicitor's pockets, so keep out of court if you can. But by the sounds of it, she doesn't have a leg to stand on and is just being plain greedy. Seek legal advice and ask a solicitor to send an equally as damning letter. Then she might back off.

Johny1977 23 Jan 2018

My wife committed adultery after 5 months of marriage and we are now in the process of divorce. We purchased a house a year before we got married and lived In it for 5 months as a married couple until I found out she was commiting adultery at which point she left and stopped paying anything towards the mortgage or the upkeep. I put in a much higher deposit to the house and now she is coming after half of the equity... is this allowed? She also has her own house that she kept and I paid more of the mortgage on the joint house to enable her to do this as well as paying for large renovations in the house before we were married. Where do I stand with what she is entitled to as it does not seem in anyway fair that she can contribute so little and expect to take so much after she walked out on the marriage after such a short time.

Sam 22 Jan 2018

My wife and I have been separated for 6 years but not divorced. I am now ready for devorce. Will she be entitled to my pension and the assets that I have accrued during the separation period? I have been paying mentainance for our 2 kids for the 6 years.

Andy 11 Jan 2018

After 7 years marriage and several years in a relationship before that my wife said she wanted us to separate. We have 2 children. 16 and 6. She always managed the finances, she didn't work and I always was the provider. I moved out about 6 months ago. She is starting divorce proceedings, she wants me to pay maintenance for the children and the mortgage. I was paying all the bills but she said I wouldn't have to once we're divorced. Her parents did give us alot towards out house deposit when we bought. She has said that once the children are 18 and we sell the house she wants me to take 40% of the equity to her 60%. The question is: Is this reasonable? Is it the norm that I pay the mortgage until both children are 18 even if her circumstances change? Is it normal to pay the mortgage for all those years and still she gets that amount of equity? What would you advise, I haven't seen a solicitor as yet. I have been trying to keep things amicable but feel like she's taking advantage.

SeparatedDads Editor 11 Jan 2018

If you are married, much depends upon whether your wife purchased the house before marriage and how long you have been married etc. For instance, if your wife owned the house before the marriage, the property can be considered a non-marital asset. Under five years is considered to be a short marriage, in which the property may revert back to your wife. The longer the marriage, the more the other party will have a claim to the 'non-marital asset'. So, if you bought the property together at the beginning of your marriage, regardless of whose name the property is in, it will still be considered a 'marital' asset. However, there is another issue to consider and that is your three young children. When a family issue such as this is decided in court, the emphasis is always put on the children, and it is unlikely a court would force your wife to sell the house while your children are school age. As in all cases, the court’s main concern is the welfare of the children in question. The court will always put the children’s best interests first and this main issue will determine the outcome of any application for an order. Therefore, any financial negotiations are best carried out between you and your wife, while keeping the children's interests in mind. Getting a court involved will hit you both financially - so mutual negotiation are always encouraged first. You may wish to seek legal advice.

David 10 Jan 2018

Hi my wife and I have decided to divorce. The house is in her name and she recently added her brothers name but mortgage is in her name only. She works part time as she cares for our three young children. I work full time. I pay into the mortgage and bills and she pays for the rest of the items. Do I have a chance to claim my share of the house? We have been married for 13 years

Bano 13 Dec 2017

Hi, I am married with one natural child and a couple of step children. After years of emotional abuse and bullying I have decided I wish to leave. I wish for my natural son to come with me. I jointly own our property, we paid equal amounts of the deposit. If sold am I entitled to half the equity.

AndyC Editor 12 Dec 2017

@Jonny - You would have to sell, once her will/ estate was distrubuted on her death. If you attempt to stay without authorisation from your wife's ex/children, then a court could force you to move. If they take you to court, then this would be a big financial cost to you (and possibly them). Always best to keep to any prior legal arrangements made. AC.

Jonny 11 Dec 2017

What’s would be my rights to stay in my wife’s house should she die she owns half the other half her ex put into a trust for her grown up children

ariadne 23 Nov 2017

My son has been married for five yrs but lived with his partner for 30yrs.his wife has moved out of their home and demanded that they sell and split the sale money.my son is devastated.he has renovated 5 properties and always worked hard and complied with his wife's wishes. He has bought her anything she has wanted including 5 dogs and a modern car.they have no children.his wife is suffering from lupus and is menopausal and is being treated with medication for this.there is a lot of interference coming from her family and they have allowed her to stay with them.regarding my son he is gentle and hardworking and would have supported his wife with her problems.he stands to lose his home because she is bored with her life.

Marcus 13 Oct 2017

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.

CJ 8 Oct 2017

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 ?

Ash Editor 12 Sep 2017

@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.

SeparatedDads Editor 11 Sep 2017

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.

Xander77 11 Sep 2017

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.

MRR67 10 Sep 2017

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?

beefy 8 Sep 2017

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

SeparatedDads Editor 5 Sep 2017

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.

JayH 4 Sep 2017

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

TK 14 Aug 2017

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

SeparatedDads Editor 4 Jul 2017

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.

Ted 3 Jul 2017

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?

SeparatedDads Editor 3 Jul 2017

Much depends upon whether he has banked/used any money that could be considered as money from their joint marital pot.

Maz 2 Jul 2017

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

Smurf 12 Jun 2017

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?

Mufc75 5 Jun 2017

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 which our eldest son as left the house to live with me at my mums house which is only three bedroom.which as 6 /7 of us living here so iam just wondering what my rights are regarding the marital home.plus she as left me with no money what so ever. Thanks

zak 4 Jun 2017

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

SeparatedDads Editor 11 May 2017

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.

Sepsteve 11 May 2017

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

Bluenose 8 May 2017

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 ?

SeparatedDads Editor 6 Apr 2017

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.

Nick1042 5 Apr 2017

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

SeparatedDads Editor 29 Mar 2017

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.

Della 28 Mar 2017

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

SeparatedDads Editor 20 Mar 2017

Please see CAB whichHowever, 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.

fanny 18 Mar 2017

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

SeparatedDads Editor 8 Mar 2017

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.

Cathy 7 Mar 2017

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

SeparatedDads Editor 2 Mar 2017

This is a tricky question to answer as in one respect your house may be considered a non-marital asset and therefore in theory you would still own it if you and your current wife separated. However, the longer your marriage the longer your wife will have a claim on your house. Plus, you don't say whether she owns her house or not, which will also be taken into consideration if you split. In addition, you don't say whether you plan to have children. If you do, and you decide to split up and your wife is the primary carer of your child, then it is likely the court would allow your wife to remain in your house until your youngest child reaches 18 (in which case you would have to move out). Therefore, I'm afraid there no straightforward answer to this question because of the variables that may arise.

rud 1 Mar 2017

I own my property, I had a previous relationship within it, and had 2 children with my first partner, we split up after 12 years and she moved out with my children to another property, but I have access to them whenever I like, and they always come to the house to stay, I paid her off and carried on living in the home paying the mortgage and bills, after 2 years I met my new girlfriend and we got married, she has 5 children with her ex husband, we are now married and I still live at my property and she still lives at hers, if I was to move her and my 5 step children into my home, what would happen if we ever split, where would I stand legally? would I have to move out? and would she have rights to the house? where would I sit financially.

shakes 17 Feb 2017

my walked off our marriage for her new friends and now she wants a divorce after 16yrs we got 3 kids and the people shes with tell how to go about everything how torment me wot can I do to save my marriage and those friends she have

RM 20 Jan 2017

My ex wife and I divorced 7 years ago. I left the matrimonial home and agreed to pay maintenance until the child was 18. The 7 years has now passed and the ex wife is refusing to leave the property. She is also not paying the mortgage which is in joint names. She is refusing me access to obtain a valuation of the property so value of assets can be established. What can I do?

SeparatedDads Editor 20 Jan 2017

He can apply to visit you via a standard visitors visa, I can't predict whether he would be allowed in the country or not - all will depend on whether he fulfils the specified requirements.

Milly 19 Jan 2017

My husband of 11 years 6 months lives n works back in my Africa, my country. I've never registered him here as my husband so is it going to be hard for him to come n visit me here?

Iancs 23 Dec 2016

In September 2014 my wife divorced me. The settlement was basically she could have the house and I would not have to pay maintainance and on the understanding she would contunue to provide a roof over our then 17 and 12 year old children. Once the divorce camw through she sold the house and put the proceeds towards a flat which she rented out whilst she lived, illegally in substandard rent free accomodation. Within months if the divorce she kicked my 17 year old out. More recently the local council evicted her and my now 15 year old daughter due to it being an illegal residence. My ex then movee in with her new partner and has kicked my 15 year old out. I recently remarried, i have a stepson aged six and my daughter is now living with us. I would really appreciate some advice regarding my rights, does she have to pay me maintainance and is there anything i can do in terms of the divorce agreement as ut seems wholly unfair!!

SeparatedDads Editor 19 Dec 2016

You would have to seek legal advice as much depends upon how long you were married for and whether you have children. You may certainly be entitled to a share of his latter property, (if you were still married at the time he bought it and joint funds were used to pay for it). The first property may be considered as a pre-marital asset.

okpe 18 Dec 2016

hi my ex and I married for 10 years and we both have 2 children.First property was in his sole name , property no 2 was both names were we both lived untill he decicded to move out and I ended paying for the mortage ,service charge and repairs for 10 years.3rd property was in his sole name. My ex pays for child maintanance and property no 2 has been sold and money share between us.Am I entitle to his other two properties since both properties are on his sole name?

Andrew 19 Nov 2016

A week after my Wife asked for a divorce she made false allegations to the police of domestic violence and I was removed from the marital home and not allowed to contact or talk with her. During the 5 months I was on bail I kept up contact with my children and eventually managed to rent a home for them to stay with me. During all this time I paid the morgage and the bulk of the household bills, slowly tapering them down to the point where I now only pay the morgage. The Police found no wrong doing and no charges were layed, the Social Services also investigated and found my Wife to be somewhat sparing witht the truth and downright lieing on several occasions Financially I now cannot maintain the morgage on the marital home and the rent and bills on the property I now rent and have the children at 50% of the time. There is no option of moving back into the house after the allegations and the fact she has changed the locks (which I believe to be illegal). Her and her solicitor are fighting a delaying action on the financials as she wants to remain in the house , which, I am not in agreeance to as I need to release equity to buy a property within which I can help raise my children on joint residency. To what level can I reduce my morgage payments? Certainly I am only liable for half the payment but as I do not live there and have been removed forcibly and now have to pay for a second property can I refuse to pay the morgage? I intend to pay child maintenance at the CSMA rate.

Daws 11 Nov 2016

Does my wife who I've been separated from for 2 years and am yet to divorce from have any rights to a house I'm about to buy with my new partner

SeparatedDads Editor 10 Nov 2016

You would have to seek legal advice about drawing up an agreement.

SeparatedDads Editor 10 Nov 2016

If you purchased the house together and you are married, then you do have rights as the house was not a pre-matrimonial asset i.e owned by your wife prior to the marriage. Regardless of who works, or who stays at home or what money each spouse earns, when you are married, it is all considered as part of the joint marital pot. Had your ex lived in the house, or if she currently lives in it with your child, then the court 'may' rule to let her stay in it, as it will always decide what is in the best interests of your child (which is having a roof over his/her head). Therefore, I suggest you seek legal advice in order to explore your options.

SeparatedDads Editor 10 Nov 2016

I am sorry to hear this. Much depends upon how much your mother wishes to pursue the matter and whether she wishes to take it to court, if your father refuses to sell. However, it is unlikely the court would move to force your father to sell whether you are both living with him and are in full-time education (up to A'Level standard). However, once your further education ends, pre-university, the court may request your father sells in order to split the equity between him and your mother.

Moh 9 Nov 2016

Hi in 2008 me and my ex wife bought a house with tenants living in it with both our names . The purpose was to move into it after we divide it into two flats .her father helped us to buy it by paying the first payment as a gift for his daughter and also because I was working for him at the time ,when we started to pay the mortgage she insisted on paying the mortgage from her bank account and she told me to pay for shopping and bills and we agreed on that ..later she decided that she doesn't want to leave her parents house as we were living there with our one year old child and changed her mind about deviding the house so problems started and we decided to divorce so I moved out and that was the cause of me getting into a severe depression for one year. Since then I've been trying to have my life back as she was in control of all paperwork .I have paperwork to say that the house in both our names and I pay her maintenance for my son every month but she keep saying that I have no right over the house because I didn't contribute towards it "according to her" my question is can I claim my share of the the house?? As she has never lived in it since we bought it??

Lj 9 Nov 2016

Recently my parents have split. My brother and I are living with my dad and my mum has gone to live with my grandparents. She is trying to make him sell the house or buy her out. Does she have the right to do this? My brother is 17 and I am 18. We are in full time education. Next year I will be going to uni and my brother will be in an apprenticeship. Because I will be living at home for university, will she be able to make us sell the house then?

NG 7 Nov 2016

My wife and I are separated and currently starting divorce proceedings. I left the marital home and I currently make a monthly payment agreed by my wife to pay towards the mortgage and living costs as she herself is also in full time employment. Recently my situation has changed and I have asked my wife if I can temporarily stay in the spare fourth bedroom until my situation changes, the situation being a financial one. She says I have no rights to this as I lost my rights the day I moved out - is this right and could I have any other information that would assist me.

JG 1 Nov 2016

I have just bought a house in my sole name mortgage My girlfriend of 8 years has been refused the joint mortgage and the bank refused to enter her on a deed of trust, I had to write a letter saying I would fund the mortgage myself. My girlfriend is devastated and refuses to move into the house and pay her half (which we had planned) because she is not protected financially. If we marry would this give her some protection?

SeparatedDads Editor 26 Sep 2016

It is always a tricky issue to advise on when you have children between you, please see further information at CAB link; ending a relationship when you're living together, here.

Ben 25 Sep 2016

Me and my girlfriend are thinking of spilting up. The mortgage is all in my name and has paided a thing towards anything. We have a child together. What rights do i have to stay at the house or get her to leave? Can i sell the house if it comes to it? Does she get anything from the sale if i sell as nothing is in her name?

DP42 17 Sep 2016

I have been married for 15 years, have two children, and my wife has told me the marriage is over. We have a joint mortgage although I pay 100% of it and 90% of all bills and everything for the house I terms of maintenance. Whilst thing still have been amicable to date she now wants to get a mortgage for a place of her own, so I need to get her off the mortgage and I believe she is probably entitled to a share of the equity, can I be forced to sell the house? As I may be able to give her a financial settlement by other means.

SeparatedDads Editor 13 Sep 2016

You would have to seek legal advice regarding this if you cannot negotiate between yourselves. If the house is in her name, then you would have to prove you have contributed to the property financially in order to declare an interest. The fact you have children will also be factored in and there is little likelihood your ex would be forced to sell the house or move because the courts will consider it in your children's best interests they have a roof over their heads until they finish education.

Cliff 12 Sep 2016

Me and my girlfriend (unmarried) have separated after being together for 9 years. We have 2 children. I realize I will have to pay child support as I am already in an order for my daughter thru my previous marriage. We purchased a house however the home is in her name only as my credit was a bit weaker at the time. Do I have any rights to it? And what about the belongings we acquired during our time together: furniture, electronics, tools, things of that nature. So far the only things I have received are my clothes. What rights do I have, if any? And how would I go about excercising those rights??

Mark 2 Sep 2016

Me and my ex split 3 years ago, she continues to live in the mortgaged property with our 2 children, I now live in rented accommodation but struggle to make ends meet she is unable to take mortgage on solely and has kept all possessions and will not buy out my share or contribute towards it, very close to bankruptcy and no longer no what to do as I can't afford solicitors fees,please help

Mylie 26 Aug 2016

What happens when a couple have a house that the mans parents bought for them and then they divorce? There is no mortgage but a child involved who spends 50% of his time with both parents. The man wants the house sold so that he can also have some money to provide a home for his son but she will not move. His father has offered to buy his half of the house so that he can move on but his ex wife will not agree to this. The father is happy to say his share of the house wil pass to the grandson but she will not agree. Any answers to this please!

SeparatedDads Editor 22 Aug 2016

What you pay is up to you if you are in a family-based arrangement. However, the most the CMS can take is up to 40% of a non-resident parent's salary (only if the NRP has accrued arrears). If you have two children and no other children from a previous or current relationship, then you would pay 25% of your earnings in total. I think your ex is, as you say; 'trying it on.'

Bert 21 Aug 2016

My wife and I are just about to seperate. I'm looking to move out once I find rented accommodation. Our family home is rented and I have offered to pay a lot more than the CSA calculator says I should for my 2 girls. She claims she is entitled to up to 50% of my earnings. Is this true ? I'm trying to be as amicable as possible and pay more but is she trying it on. Do I need to seek legal advice ? Thx

SeparatedDads Editor 16 Aug 2016

If your dad and you are currently living in the house and your ex has moved out with your child, then she has no rights to your property.

Rob 16 Aug 2016

I've split up from my girlfriend, and we have a 2 year old baby together. She had been living in my house for the past 2 years with me and my father (I jointly own the house with my father). Does she have any right over the property? She hasn't contributed financially, but does she have a right to live here because she has my child? It's currently just my dad and i living in the house.

SeparatedDads Editor 15 Aug 2016

Yes, if you are legally married your ex in essence owns half the house regardless of whether it is registered in your sole name on the title deeds. She will need to sign an affidavit to show she has agreed to the sale. I advise you to take legal advice.

Rich 14 Aug 2016

I have been married for 12 years and have a disabled son. My wife left me 18 months ago taking my sun. The mortgage is in my name even though we bought the house whilst we were together. Where do I stand if I sell the house and the money gets paid direct to myself if I have spent the money and I had only put money in my sons account and paid nothing to my wife as there are no agreement or court orders in place. ...... Suppose my question is can she still come after me for a percentage?? Many thanks

SeparatedDads Editor 29 Jul 2016

You don't say whether you have children living with him, or you, which would make a difference as where they live would be considered in a court of law. However, I'm assuming you haven't. If your ex is not co-operating then I would list the ways in which he is trying to avoid selling the house. You may wish to contact the estate agents to see if he is putting off potential viewers, buyers or has refused offers etc. I would then seek legal advice. There is no specified time limit of when your ex should leave the house if one has not been issued in a court of law. But, if he is deliberately trying to avoid the sale, then a court may issue an order specifying a time when he has to be out, or buy you out. In the meantime, a solicitor's letter threatening legal action and listing the ways in which he is avoiding the sale which will be presented in court may do the trick. If not, then you would have to pursue the matter through court.

Katie 28 Jul 2016

I have recently separated from my husband of 9 months. I moved out of the family home, even though the property is in my sole name. He does have an interest in the property as he paid the deposit. Given this information, is there a time limit that he can remain in the house? Could I find myself in a situation where he lives there permanently, and I continue to pay the mortgage e.g. 25 years? I have put the property on the market, although he's not cooperating with the agents. What can I do to get him out?

Walter 9 Jul 2016

after being divorced for 25 years, I recently discovered my name is still on the deeds of the house. What, if any, are my rights.

Alex 1 Jul 2016

I own a house with my wife and we are in the process of divorcing. I have moved out while still paying all the bills. We have a child also. After divorve do i still have to pay all the bills as i do now if they intend to stay in the house?

SeparatedDads Editor 30 Jun 2016

Before you move anywhere I urge you to seek legal advice. You do have rights if you have been with your partner for 21 years and particularly if you have children together. A court may even rule that you can live in the house with your children until your children reach 18. However, once you move out you will lose any such rights, please see CAB which

Vic 30 Jun 2016

I lived with my partner for the past 21 years and we have 2 daughters. For the past 7 years we sleep in separate room, due to his violence and adultery. In 2005, we were supposed to get married my partner refused because he says he was in love with somebody else. And now my partner has asked me to move out with my our 2 kids. He says l don't own anything in the house and the house is in own sole name. Even the bills l was paying while he put everything in his name. When family and friends asked him to give me my share he says , that l have contributed only perishable things. I am so desperate to know if l have my right/ share in the house.

Brian 25 Jun 2016

I have sold home to by another with my partner (we are not married and live in Edinburgh, Scotland). I will be putting down the profit of my home as a deposit which is £150,000. But need an extra £50,000 . As I do not earn a lot me and my partner are hoping to get a mortgage of around £50,000. We have lived on an off for the past 9 years and have 2 children. What I want to know is if I do buy a house with my name on the deeds, but the mortgage is between me and my partner. What happens if my partner walks out on me. Do I need to sell the house. What % goes to her. Is there anyway I can protect the £150,000 I put into the house as a deposit. Thanks

SeparatedDads Editor 21 Jun 2016

You would either have to agree mutually, or seek legal advice regarding this. While your home may be considered a non-marital asset because of pre-marriage ownership, the length of your marriage and the fact you had a daughter together would entitle your wife to have a significant claim.

Josh 9 Jun 2016

I have recently been approached by my wife about devorce, I would like to know if about the laws on my house which I purchased 4 months before married, my son lives with me 50% and the other 50% he is with his mom (my curent wife is his step mom). My wife has never contributed to the house payment, and she works full time(makes more than I do).

SeparatedDads Editor 7 Jun 2016

I can only suggest you seek legal advice here in order to make sure you are aware of your options. If the court order specifies your ex is allowed to live in the house until your daughter is 18, then you will be able to ask your ex to sell it when the time arrrives. If your ex refuses, then you can apply to the court to have the order enforced. However, you will also have the option to negotiate between you what happens to the house, and exploring your rights is why professional legal advice will help here.

Shaylah 6 Jun 2016

Me and my wife were married for 7 years but together for 20 years and bought a house together. We had 2 kids at the time of the divorce 5 years ago. I let her stay in the house because of the kids but one came to live with me in rented accommodation a few years ago. Courts said (as part of the divorce) to allow her to live in the house with my daughter until she was 18. The ex wife is now asking if the son can buy the house and she live there paying his rent but he still lives with me. Do I have to agree to this? It means my son gets the house but my daughter nothing and I get nothing from the sale. Can I make her sell the house when daughter is 18?

SeparatedDads Editor 3 Jun 2016

It depends what you want to do. Your question is rather vague therefore it makes it very difficult to answer. You may have to clarify what your preferences are.

Pw 2 Jun 2016

No family no friends no mortgage, 300 k house , always paid every bill for over 20 years, married with 2 sons , need advise as since wife was seriously ill she won't have anything to do with me but do not have a clue what to do, living separately in the house

Woody 26 May 2016

I have been seperatex for over four years from my wife and bought a house for myself she stayed in the family home she pai me some money out of the equity to leave. If I sell my present house is she entitled to a share of the sale profits if I sell although she's never resided there or paid towards it?

SeparatedDads Editor 26 Jan 2016

I think in this case if you are trying to be amicable and sort this out, then Mediation may be the way forward. Please see link: Mediation: What is it and is it For Me? here. Otherwise, it would be up to the court to decide how to split your asset, and taking it to court would cost.

Mustang 25 Jan 2016

My fiancé has recently told me that she wants me to leave. We have been in a relationship for over 12 yrs. We have 2 young primary school aged kids. We bought a house 6 yrs ago but the mortgage went in her name due to my credit history. Her folks gave us a loan for the deposit. Previous to this we lived in rented accommodation and we chose verbally to buy a house to move into together to start our family. I need to know where I stand. I have for the 6 years paid a considerable sum into her bank acc every month for her to then pay the bills. She works too and contributes 50% too. Therefore this means to me that my money has been used for the mortgage payments and to pay her folks back, etc. I understand that I may be due up to 50% back of the total mortgage payments made to date and potentially some recompense to the deposit/equity paid in the first instance. We are trying, the both of us to be extremely amicable about this. She thinks she could maybe just give me £5k if and when she sells the house. I have calculated that it should be closer to £13k but I do not want to wait for something that is maybe 15 years away? Any help please?

SeparatedDads Editor 22 Jan 2016

You can dispute whatever you want to, but your ex will have the option to take you to court. Should it go through court, then your child and the welfare of your child will be taken into consideration. We could not predict how much claim your ex would have on the property, but the length of your time together in the property, and the fact you have a child together will be taken into consideration. You could also try resolving the matter through Mediation, it would be a lot less expensive. Seeking some legal advice would be advisable.

Kev 22 Jan 2016

Not married but separated. House in joint tenancy. Owned for 1 year - I have paid all deposit and all bills bar none. She has left me and taken child with her as says work too hard and not enough family time...She has asked for 50/50 on sale of property. I put 30k in / there is now 50k equity. So she wants 25k! Can I dispute this or at least say well for 12 months the mortgage payments were 1k so ask that her 50% is lowered to insist on her having to pay half theory gage costs?

SeparatedDads Editor 19 Jan 2016

If you can prove the money came from your parents and the money has been used post-separation, then your ex would have no claim on this.

am87 18 Jan 2016

Me and my ex are separated for over a year we sold our family home and split the money from it 50/50 I move in with my current partner into Rental along with my two children we are currently looking to buy a property together with the money I got and a gift from my parents my question is because me and my husband are still married would he be entitled to somthing out of the property with my new partner even tho we sold our marital home on a 50/50 basis as agreed?

SeparatedDads Editor 4 Dec 2015

You would need to seek legal advice. You don't say whether the house is jointly owned, what your financial input was re;deposit etc, or whether there are any children involved, therefore, it makes it difficult for me to answer your question.

Macca 3 Dec 2015

My wife and I have been married for 14 months and separated in January this year, I was giving her£1000 per month towards the mortgage and other bills, but since I've moved out of the marital home, I've not paid anything, we are weeks away from the decree absolute and I've received a letter asking for a clean financial break with no future claims against each other in life or death, she is planning on selling up and leaving the country, am I entitled to any equity from the house

Ad 30 Nov 2015

My wife and I have separated and we have 2 young daughters of 4 & 2. The marital home is a large 4 bed detached house which has a lot of equity in and she is saying that she wants to stay there and a court will let her. The mortgage payment is high and not affordable in my eyes to maintain and allow me to be able to rent or buy anything especially as my income fluctuates due to commission. She says if I don't agree to her offer of a specific lump sum and what to pay each month that she will take me to court and they will probably either get to stay there or will be awarded a split of equity close to 70/30 in their favour as she works part time (out of choice rather than necessity). I am worried I am being backed into a corner to accept this rather than risk court and of course the potential cost - Am I right to be worried about this / does she have a valid case?

Micky 28 Nov 2015

I have just learnt that my ex is renting our jointly owned marital home to private tenants without my consent and knowledge (obviously). By law, I am entitled to have half of the rental income. He is pocketing all the rental income. What can I do?

Mick 28 Nov 2015

I have just learnt that my ex soon to be partner is renting our joint matrimonial home to private tenants without my consent and/or knowledge so therefore he is pocketing the whole rent. I believe it is illegal. What can I do?

fortunate 17 Nov 2015

No the terms did not form part of a court order. It was an amicable verbal agreement with no order linked to it.

SeparatedDads Editor 17 Nov 2015

You don't say whether the terms formed part of a court order. If so, and you think time has made a difference to the terms of your order, i.e appreciation in house value and your level of financial input into it, then you would have to re-apply through the courts to have the order changed. Likewise, you would have to go through the courts to issue you with permission to have her name taken of the deeds of the house.

fortunate 16 Nov 2015

Hi there, I would be really interested in your view on my post dated the 6th November. Best wishes.

SeparatedDads Editor 16 Nov 2015

I suggest you seek some legal advice regarding the possible repercussions, as although it is a lovely idea, it may have future implications for your son and you. For instance, if your parents die within seven years of making a gift, the money will be treated as part of their estate and may be subject to inheritance tax. There may also be implications on your son, for instance if he decides to buy another property, then HMRC will view the new property as a second home and he will be liable to pay capital gains tax on any profit if that property is sold. It is also worth keeping in mind that should either of you be made unemployed, or suffer illness etc, then you both will be liable for the full mortgage amount if the other can't pay, meaning it is important to make sure either of you can afford the mortgage single-handedly should this happen. Therefore, you should enter this with caution and make sure you are well prepared.

SeparatedDads Editor 16 Nov 2015

You should certainly seek legal advice, as you are likely to have a claim.

NJay 15 Nov 2015

I'm looking to buy my first home at the ripe old age of 42 ! I'm thinking of putting my son on the application for a mortgage, as my age might go against me. My parents have gifted me the deposit. We both work with a combined income of 29,000. My son is 23 so I know he'll be looking for a place of his own. Would it jeopardise his application in the future in getting a mortgage? I could afford to carry on renting on my own but when looking at the mortgage calculator , the mortgage repayments are likely to be less than my rent.

Davsmi 15 Nov 2015

Hi there. I've been married to my wife for two years. We have been separated for 6 months and I have just received a letter from her solicitor asking for a divorce on the grounds of unreasonable behaviour. We have no children together and the home we shared when together was owned by my wife before we met. All the way through our separation I have said how I wanted to try and save our marriage and would try anything that would help us reconcile things - counselling, mediation etc etc. The letter was a real shock and was possibly the first time I have come to the realisation that it's over. Before I met my wife I had £20,000 in savings and no debt. However, I now have no savings and £20,000 of debt that she has run up on credit cards in my name. During the marriage I contributed towards the running of the house by paying all the bills and I gave my wife £100 per week spending money. My question is do I have to grant her a divorce and clean break or can I ask her to take her share of the debt she has run up?

SeparatedDads Editor 9 Nov 2015

You don't say how long you have been married, as the longer the length of your marriage, and the amount you have contributed, the greater your 'beneficial interest' will be. However, the fact you have a daughter between you, will give your wife more leverage through the courts to stay in the house, as the courts may judge this in the best interests of your child. Should you need any further legal advice regarding this, the Just Answer site may help

SeparatedDads Editor 9 Nov 2015

I should seek legal advice regarding the best way around this, as the longer you are married, the more your husband may have a provable claim to your property. Regardless of whose name it is in, just by the fact you are married means he will be able to acquire a 'beneficial interest'. You can get further legal advice via the Just Answer link here regarding your best options.

Johndoe 8 Nov 2015

My wife and I have recently separated, I have moved out and now living in private rented accommodation, we have a mutual agreement to share time with our daughter and all is quite amicable. I do wonder where I stand with the marital home, my wife bought it when we first got together and is solely in her name, I moved in 6 months after and I have paid 50% of the bills up until moving out. I don't want to rock the boat or make a claim on the house but I have worked on it since she bought it as it needed gutting. Am I right to think that any increase in value from the day she bought it until now is down to what we have done so therefore I should be entitled to half of that?

Lilly 8 Nov 2015

Hi, I was only recently married and I've been going through difficulties in the marriage and have separated. He wants me back but I feel it's my property he wants rather than me. Can I put the house in my children's name? They are not his children but live in the family home. My children are adults. I own the property and have paid more than half of mortgage. If this is okay how do I go about it?

Unknown 6 Nov 2015

Hi I got married to my husband the end of September 2013, in October I went to view a property to buy. My husband couldn't get a mortgage so I got one in my sole name. We received the keys for the house in January 2014 and we split up 10 months later. I want to sell the house so I can move on and I have received a "Home Rights Notice". Can I still sell my house or does he have to give permission for me to sell because he is asking for half of the equity of the property? I really don't know where I stand as I don't think he should be entitled to it.

fortunate 6 Nov 2015

I have been divorced several years. My ex has remarried, as have I. I am still in the original marital home which is in my sole name. At the time of the divorce 7 years ago I made an amicable agreement to split the profit on the sale of the house, but my ex has never put any pressure on to sell or pay a sum. Two questions: 1. Am I entitled to remove her marital rights notice from my title deeds? 2. To honour the verbal agreement at what point in time should the valuation of the property be based? Now or at the time of divorce?

SeparatedDads Editor 6 Nov 2015

You would have to seek legal advice regarding this as wealth inherited and not earned may not be thought of as part of the matrimonial pot, however there are many exceptions regarding the length of the marriage and children involved etc.

sez 5 Nov 2015

Me and my husband what a devorce, wd have been separated for over 2 years now, shortly after our son was born in 2000 his grandad passed away n he was left inheritance of which he bought a house for us all to live in, as I was only 17 I couldn't be put on the deeds and we agreed we'd do this later, we then had another child and got married in 2003, he then remortgage the house for a deposit for a bigger property for us to live in, we then moved into the bigger property and both names was put on the deeds for new property while the first house was rented We split and he moved in with his dad n now I have moved out the property into private rented and we have agreed to sell the family home and split 50/50 (this is a mutual decision) Am I entitled to any of the first property?? Only his name is on deeds still I have both children living with me and they see their dad whenever he feels like it Tia

SeparatedDads Editor 2 Nov 2015

You would have to seek some legal advice on this regarding your rights. You don't say whether you own the house and whose mane the benefits are in, which makes it difficult to advise you via this page. You could try speaking to someone from the Citizens Advice Bureau in the first instance.

99 flake 30 Oct 2015

My wife off 20yrs as decided to end the marriage we Ave 7 kids witch 4 are disabled she as been spending a lot off time abroad we all no she is in another relationship were are on benifits but she as been goin away every 4 weeks leaving me with the kids she is spending the kids disability money on goin away we Ave also found she is sending money over we are in same house she will not move out coz she will Ave no money to go away any advice would be great thanks

SeparatedDads Editor 22 Oct 2015

I'm afraid, we can't really answer your question as it is impossible to predict. However, regardless of the fact your ex has not worked is not really relevant, what is relevant is that you were together for 27 years and she has contributed to the marital home by being a mother to your children. Even if you wait until your son is 18, he may go into further education, which means you will still be liable to pay maintenance and the courts may therefore continue to rule that he needs the solid basis of a permanent home. You really need to seek further advice from your solicitor regarding this question, especially if you are already represented. I hope this helps.

decka 20 Oct 2015

I and my wife of 27 years separated nearly 2 years ago, I'm now in the latter stages of a divorce, I'm divorcing her , she didn't want me in her life,every day was an argument, if I worked late I would come home to locked doors,I wasn't out enjoying myself, on my days off life was hell. I got out, moved in with my mother,not what a 50 wants.she poisoned my children against me,15 and 22, we had a normal relationship but when I finally stood up to her she put an end to that.she never worked,that's why I worked long hours,I was informed by my solicitor today I'll be lucky to walk away with 40%, of the marital home.as she is on jobseekers allowance. I pay roughly £250 ,a week still to keep her in the family home. Would it be worth waiting for my son turning 18 to get a bigger share

SeparatedDads Editor 20 Oct 2015

No, not if it was proved the money split was agreed and conducted fairly.

saz 19 Oct 2015

My brother has split from his wife of 7 years and sold the marital home and the money was split fairly between them, but now he is getting his own house in his name and she has paid nothing to it , could she claim anything on it as they are still married but separated for over 6mths.

kiddo 16 Oct 2015

Can a wife get a house that was bought before married and name not on deeds or land registry solely in husbands name as he own it before married and she has money from her ex husband when they , here house as setelment and she also has ownbincome we have no dependent children I have bought everything in the house I pay all bills she keeps all money she gets

SeparatedDads Editor 5 Oct 2015

You can either talk to him directly about this to see whether he consents. Alternatively, you could suggest mediation and put forward your reasons why you wish for these changes to be made to your domestic arrangements, see link: Mediation: What is it and is it For Me? whichIf he does not agree to either, then you would have to apply for a Specific Issue Order and child maintenance through the family courts. Specific Issue Orders, much like the name suggests, are orders sought from the family court to determine a particular matter in connection with the exercise of Parental Responsibility. These orders can cover a wide range of issues that you and your ex-partner cannot agree on. However, please bear in mind, there is no guarantee the court would rule in your favour.

cassiej 4 Oct 2015

My partner of nine years walked out and left me and our two young children. I am in the house owned by my ex partner though I paid a significant amount for the deposit.My partner pays the mortgage obviously as it is his responsibility. However, he doesn't pay me any child maintenance and hasn't given me anything for them in a year. Also, even though it is his house, I am the one who keeps it a home for myself and the children, and I don't really want him in the house at all. Where do I stand on both of these issues? 1. Can i get him to pay maintenance on top of the mortgage? 2. Do i have to let him into 'our' home? ( he lives abroad and sees the children about once every 5 months).

SeparatedDads Editor 2 Oct 2015

I am sorry to hear this. You don't say how old your children are. You may be able to force the sale of the property through applying for a court order that would in effect allow for the property to be sold, and would provide a timescale within which it should be sold. However, you will have to keep in mind that the courts like consistency for your children and may rule for her to live there with them, until your children come of age. Therefore, I should take some legal advice regarding this. Regarding your children, you can try to seek access through the courts, please see article: When Your Ex-Partner Denies You Access, whichI hope this helps.

Tom 1 Oct 2015

My wife ended out marriage and moved her lesbian lover into our home, we have 2 children and they have been told lies about me and don't want to see me anymore. I have only been told this by text they won't talk to me on the phone. My ex is verbally abusive and aggressive, we were together for 18 years and own out property ... What are my rights?

Screwball 30 Sep 2015

My wife has decided after a year of marriage she wants a divorce. This is all on her say as she says we don't get on. We have 1child together. How long can she legally remain in the home if it is solely in my name?

Tjkc 29 Sep 2015

I married I lady in India 6 years ago who I loved it soon become apparent she only married me to get a British citizenship and to take half my house which was brought and paid for by me and deceased wife in 1986, I wanted to leave my house to my daughter and her son for university, she has her own house back in India which she says has given away to her son. I now feel like I'm being blackmailed, she said she going divorce me and take 50% of my house unles I put her on the deeds and don't leave her the house if anything happens to me. She also put her name on the land registry with out me knowing, she moved out and now want to move back if I agree to her demands, I've always cared for her and loved her but I have made a grave mistake, and feel betrayed is there anything I can do we don't have children together I'm 73 I can't loose my house at this point in my life

mick 25 Sep 2015

My ex left and divorced me and left the marital home 7 years ago taking our two children now 16 and 18. We signed a consent order where my ex and I had to sell the house to pay off our joint debts. My ex later took the house off the market and I have been the only one paying off the mortgage while I still live there. Does my ex still have the rite to force me to sell after seven years of paying the mortgage with no help from her.?

steven 22 Sep 2015

Hi, got a mad situation.... my wife left to live with someone else... I'm in marital [ its in her name ] ... married 10 years.. She has been having lodgers in my home for last 3.5 years.. now has what she calls a tenant in one room... I have been squeezed into one room now... my daughter lives with me.. latest tenant is vile and abusive but police tell me I cant get him out as he is a guest of my wife or a tenant with rights not to be evicted.. I know the tenancy business is a nonsense as you cant have a tenant if a family member lives on premises.. he cant be a lodger as she doesn't live here... and I have not agreed to him being here so he's not my lodger... but none of this gets him out... I have a occupancy hearing this week... hoping to get things sorted this way but if not,, what can I do? I guess I can stop him using my stuff but I cant even access my front room and my things as he is in there..... the police have left me under no illusion that if I harass him in anyway I will be arrested... even though he has assaulted me and steals stuff.. cheers, Steve.

SeparatedDads Editor 21 Sep 2015

Are you asking about the sofas or the children?

Bill 20 Sep 2015

I live in a council house which is in my name only my partner walk out and took my children with her the only thing she brought is the sofies do i have to let her have them

009 12 Sep 2015

Hi, i was in an abusive relation for last four years. My partner got anger problem and in four years she assaulted me hundreds of time but we used to made up because of our daughter, we loved each other and because we are Asian, our family used to get involve whenever matter got worse. I left her many times but got back together because she threatened me that she will kill herself if i leave her and she ca not live without me. I used to send picture of her abused to her parents and also used to show them video of her behaviour after little little arguments because they never used to trust me that she can do any thing like that.Her parents knew that she got anger problem and used to say to me that you are her husband you should help her. I used to record her behaviour and her abused towards me on my mobile and i got videos of her abused and the worse video of her when she was running after me with a KNIFE. i had hundreds of videos but she deleted many of them by hacking my email id when once i was sleep by resetting my pass word through my mobile. Recently i decided i had enough of it and phoned police when she assaulted me and locked me in the house and went some where. I called 101 and told them the whole situation what i been going through. they send police after an hour. police came and asked me if i want to press charges against her but i said no. they forward my number to domestic abuse, who phoned me for next three days. she begged me for not telling them anything and said she will not do anything in the future. At the start of August she harmed herself and called police on me and said i assaulted her but i did not. police charged me and i am on conditional bail. she applied for home rights while i was in police custody. since i come back i tried to get my stuff from her through third party but she refused and even she said to police that there is nothing of his in this house while property is mine and everything in that house is mine. I do not know what to do. i haven't seen my daughter since this incident because she is not letting my see the child. Any advice please

Thomas Editor 10 Sep 2015

@Djspice - I'm afraid you can't really protect your investment, you drew up an agreement through the solicitor's with her agreement. However, should you extend your family by having more children, or should your marriage last long enough into the future, then this could always be contested by her. By the very fact you are married, and you have children, in practice your assets are considered jointly owned.

Djspice 9 Sep 2015

I need a bit of advice. My wife and I brought flat together when we first got married. 2 years down the line she cheated and threated to leave the marriage but it didn’t work out the way she had planned. I was at university at the time so whatever reason we stayed together. My wife hasn’t really worked since our first child was born and I took an offshore job, money is great but I’m also away a lot. When our second child was born she decided to leave her job and enrol into full time education (which will take more than fours to complete because of her education background). We not now looking to purchase a second larger home, however I’m stuck with paying 20% (£30,000 plus) deposit from money I have saved over the years. I feel a little uncomfortable spending that kind of money as her name will be on mortgage. HOW CAN I PROTECT MY INVESTMENT if she decide to she doesn’t want the marriage anymore.

SeparatedDads Editor 4 Sep 2015

I'm afraid you cannot legally get her to leave because as your wife she owns half of the house. Likewise, it would not be in your best interests to leave either, as you could be made responsible for the mortage payments until the children are independent, at age 18. Also, once you leave the house, it would be more difficult for you to gain access back into it, especially if your wife was seen as the resident parent of your children. However, your wife could decide to take the matter to court, whereby the court would decide who could live in the house. There are many families who wish to split up and can't and are therefore having to live under the same roof, but separately. In order to find a resolution to your current circumstances, it may be something you may have to consider.

Flit193 3 Sep 2015

Hello My wife has decided to leave me and even had a place sorted. The kids where gonna split the week between us, I am very close to my kids. The problem now is my wife has decided she didn't like the new place and has decided not too move. She wants to stay in our house and me move out and pay the mortgage. This is the thing, our house is in negative equity so selling isn't an option, I want to stay here anyway. I can afford to pay the big mortgage and pay the bills on my own and this was the original plan as she wanted to move out. She can't live in the house on her own and pay the mortgage and the bills. She just can't afford it. Now she wants me to pay for her to live there. Obviously I won't and the kids are upset and said if I move they want to go with me. My question is can I legally get her to leave?

SeparatedDads Editor 26 Aug 2015

I can only suggest that you either try to come to an agreement via mediation (which is the court's method of choice), or seek some legal advice with the view of perhaps take this to court, especially if you have children and will need to provide for them until they are of age. The family home is seen as a joint marital asset, however the bills and debts are also seen as part of your joint finances too. If you take it to court, it will be up to the court to decide how the marital pot should be divided and it would likely make sure all the debts were paid out of the joint pot before the remaining finances were divided. However, keep it in mind that taking it to court will cost and will eat further into your joint finances.

georgieg 25 Aug 2015

i have been in an unhappy marriage for 15 years ive paid for everything the mortgage brought up my son tgs shopping the bills my husband has only paid a small amount he is abusive and refuses to do any maintenance around the house simply telling me it's my responsibility not his yet he wants £35k I don't have ive offered him £10k which I can't really afford as I have loads of debts he doesn't because he expects me to pay for everything I just feel with out why cant he just take £10k and go. He has two cars and no debt. Everything is in my name and always has been i bought my flat just before we married help !

SeparatedDads Editor 20 Aug 2015

I'm sorry to hear this. You don't have to consent to divorce if you do not wish to. Also, if your wife wants a divorce and if you don’t agree with the ‘facts’, you can defend the divorce. However, if this happens, you both might have to go to court, which becomes costly. Again, if you can't agree between you about the house and who should live in it, or whether it should be sold, then your ex may be able to take it to court in order to try and force the sale. If you can't agree the terms of your split between you, mediation may be the answer here. Please see link: Mediation: What is it and is it For Me? whichI hope this helps.

Sed 19 Aug 2015

Hi, my wife and I separated about 5 months ago after 10 years of marriage,I've desperately been trying all this time to save our marriage but she is seeing someone else and blows hit and cold with me, she lives in rented accommodation and I live in the family home, we have the kids 50-50 (debatable as they seem to be with me more). My question is this: can she force the sale of our house while I have shared access? And do I have to divorce her? (I don't want to)

Annie Editor 17 Aug 2015

If the property is in joint names then there really is little you can do. The fact you were married for quite a while will also mean he is eligible to finances from the sale of the property. I'd seek some legal advice though, as if it went through court a judge may re-distribute the share of the property according to your financial set-up.

flick 16 Aug 2015

My marriage broke down over 2 years ago after finding my wife had been seeing the neighbour she then threw me out the family home with only my clothes in bin bags i need advice on a few things firstly i have asked if i could have the camping things as i would like to go away and as i bought them i have had no response also am trying to find out about child maintenance how long do i have to go as my 2 children have to stay in education Thank you

Mr Lahey 15 Aug 2015

My wife completely unexpectedly decided that she no longer wanted to be with me after 11 years. We have 2 small children. I pay for everything but she now pays for their food which isnt a great deal as she doesnt really eat much. The issue i have is that she decided and chose this path. I wanted to reconcile but she isnt interested. She said she would move out. I agreed to have the children 50% of the time. She now says she isnt moving out and has threatened not to let me have the kids for that period. My issue is that after 5 months out of the house to give her the time and space she asked for i have moved back. I do not feel its fair that i should have to leave my home and find somewhere else when this is entirely her choice. Where do i stand legally? Can i be forced out ? Neither of us can afford to live independantly. Her parents have even offered her a deposit to move and rent but she just isnt doing it. Other than living very uncomfortably, what are my rights? and more to the point what are hers?

chamaka 14 Aug 2015

sorry I just realised this site is for men but hey what the heck some women have the same problem and I'm not sexist. Hope I get some good advice anyway.

chmaka 14 Aug 2015

Hi, I'm 66 and separated from my 67 year old husband for over 5 years. The marriage started breaking down after 7 years when I found out he was living a lie. I won't go in to details but I tried to work it out for 2 more years. Eventually we separated after he delivered me the final straw. The property I live in was put in joint names when we married 14 years ago. It was my home for 15 years before we married. He has a good salaried pension, I live on pension credit as I haven't wanted to be beholden to him. The property has been marketed for the 5 years we have been separated but hasn't sold even though we have tried higher an lower prices plus many estate agent. He lives in a rented flat and is happy doing so, having a car (renewed every 2 years) holidays abroad etc,while I cannot afford a car so travel on foot or busses. I'm not concerned as to what he spends his money on but I know he wants money from the property to feed his lifestyle. I just want to downsize and have a home I can call my own and also to be free of the ties to him. The problem of course is the non selling of the property, I have asked him to hand the property back to me but he won't do this as he says he put money into this property and wants a share. The money he put in was from the profit we made selling his house at the right price and the right time. Please help I'm at my wits end now, wanting to move on but not being able to.

SeparatedDads Editor 13 Aug 2015

Due to the complexities of the finances involved here and the fact that your wife owned the property prior to your marriage and your own investment involved, you would need to seek professional legal advice regarding your options.

BAZ 12 Aug 2015

Hi, forgot to add! she has no interest in the property just wants a divorce! Rgds

BAZ 12 Aug 2015

Hi my wife deserted me over 5 years ago and we have never divorced! I have paid all the mortgage on my own for that period and she has contributed nothing! she is thinking now of divorcing me! the mortgage is an interest only and there is no equity in the house, both names are on the mortgage with the Coventry building society! how do I stand about carrying on living in the house ?and I can afford to pay the mortgage I have proved that!

SeparatedDads Editor 12 Aug 2015

I am sorry to hear you are having to live this way after your divorce. It is difficult to advise you on this as you don't say whether you agreed to the financial split. I can only suggest you obtain some advice via the Citizens Advice Bureau, if you think you still may have a claim.

GUTTERMAN33 11 Aug 2015

, I moved into my wifes home 18 months ago , invested 25k into it into renovations paid all the bills and took care of her two children as well as my three , we moved into a larger home in which we rented, i continued to pay her mortgage plus the rent payment, in addition to still being the sole provider, she recently abandoned our marriage left me and my children in the rented house and moved back into her newly renovated home, she stuck me with a 2 year lease and walked away, i feel like im owed something for the 18 months i invested into her home while we were married, do I have rights to anything I invested into her house?

S 10 Aug 2015

Tricky situation . My wife had conned me out as I have been unwell and stressed for some time , no not been on medication till she tricked me out of house and I landed in hospital twice after collapsing , both times stayed in hospital for 7-10 each time approx . The property was put on her name after marriage which I paid all costs including deposit , I trusted her and put it on her name and also another flat . Main property she had tricked me out of it and put it on a company name off shore , still I presume on company name . She told me she sold it but never sold as not sold on land registry , still showing sold only when we bought it 12/13 years ago . I have been sleeping rough for about 2 years now , having epilepsy and no help from any one , I am very stressed generally , stuck . I need help Badly , she has against me that she paid mortgages and bills on it , I used to give her cash here there and looked after my daughter and done 100,s of hours labour work on property as well as doing odd bits to keep on top. My point was to her rent rooms out before and after doing it up so it could cover mortgage most and costs of material and labour she refused and now she does not want to know . I really got conned out. The deposit came from me selling my original house which I had many many years before I married her , I had minor credit issues so trusted her and put it on her name . Sorry more bits to say but I think you got a good picture now . Regards .

jmaa001av 3 Aug 2015

my wife and I are divorcing. our house is mortgage free but used to belong to her father who died 5 years ago, leaving the house to be shared between wife and her sister. we paid the sister out her share and lived there jointly. now we're going our separate ways, what is my entitlement from the house, half of half or half of full? we both contributed equally to living costs etc., any help would be welcome.

SeparatedDads Editor 31 Jul 2015

@Coco - If an individual is unhappy with the terms of a will and feel that you have not been adequately provided for then you may as stepchildren be able to seek a caveat to stop the assets of the estate being distributed. You should seek legal advice on this matter as soon as possible, as the time limit is six months from the grant of probate. I hope this helps.

SeparatedDads Editor 30 Jul 2015

@Tommo - I'm afraid you would have to seek legal advice on this question as much will depend upon your family circumstances, whether there are children involved, length of your marriage etc and whether you can agree between yourselves regarding the financial split. If you can't agree it may have to go through mediation or the courts, which then becomes more costly. However, I'm afraid we can't anticipate what the courts will decide.

Coco 30 Jul 2015

My mother died recently, stepfather died 25 yr ago, his will was never changed and their marital home was owned in his name. He had two children from a previous marriage and my mother had two by her previous marriage. We cared for her and maintained house and garDen for 25 yrs. on her de.ath my step fathers will was finalised! Leaving the value of the sold home as fOllows.....one thirD each to his two children and one sixth to my bother and I making up the other third. Does that sound fare, my mother kept a good clean fashionable home and always put her husband first. Thankyou for any help or advice.

Tommo 28 Jul 2015

I have been married for about 9mouths, we are splitting up, she has a son he live with us off and on spending time at his dad and my house, only I've told him to live my house after a big bust up, I lost my temper with if he stuck his finger up at and so on, the house is in my name always been in my name all the bill are in my name, what rights do I have what rights does she have

SeparatedDads Editor 27 Jul 2015

@Bruce - it is unlikely that you could charge her rent. However, if you are unhappy about the arrangement and due to your disability cannot manage fully, you may be able to take the case through court if you can't agree on the arrangements between yourselves.

Ranger69 27 Jul 2015

I have been separated for 10 months now and both the ex wife and I have now sold the marital home for a good price..we are due to exchange now and she is refusing to move out until we reach a settlement.. I have offered to pay for rental accommodation until we agree on the settlement.. I believe if we lose the buyers we will struggle to sell it for the same price and as quickly as we originally did.. What can I do? And who pays for the solicitors bill and any loss in future sale?

Bruce 25 Jul 2015

Hi my ex lives in a house owned by myself with her new partner and our three children. She is applying for a divorce and wants 25% of the house and to continue to live in for free until my youngest child leaves school which will be in approximately 9 years time. I am currently in a wheelchair after an illness that occurred a year ago. I returned to work in February but as an office based not as a nurse which I'd my profession. I receive PIP and my salary but obviously have a lot more expenses due to my disability. I have had to move to a ground floor flat and buy a hand control car in order to function on a daily basis. I rent the flat and pay maintenance for my children as well as having them to stay.... when it suits my ex...on a regular basis. She still wants more money. She is self employed and earning £25000 a year and her new partner also works full time although I am unaware of his salary. He has one child from a previous relationship. I'm annoyed that she wants more and my house that I own would actually suit my needs perfectly as I could function downstairs and install a stair lift. I don't want to make my children move. Could I charge her rent?

john 22 Jul 2015

Hi I would like some advice about the status of my property during my divorce? My house was bought 6 years ago in my sole name and after 9 months of marriage we decided to separate. Now we are getting divorced, my wife has registered interest on the property via the land registry. No I would like to rent out my house to a friend but wondered if I can change my mortgage to a consent to let or buy to let while my wife has interest registered. Thanks

asap9999 21 Jul 2015

I have been married 10 years ,my wife wants me to leave housing association house which I believe is solely inher name.I said I would as soon as IV been able to save enough to do so.she is now saying she will just get another house from association so I will have to leave.firstly can she force me out straight away.

pre 20 Jul 2015

I have been married for 11 years but we have been together for almost 16 years. We live in a home that was purchase solely in my husbands name which i contributed to in cash. over the years i have work for cash and contributed to the mortgage and other bill regarding the house. I want a divorce from my husband because he is controlling, abusive and a cheater. Also, he has another home which he owns half of with his mother. we have no children despite the many years of trying.What i'm i entitled to?

SeparatedDads Editor 6 Jul 2015

@Wellsy - If the house was jointly, then it would be considered matrimonial property. If the asset was brought prior to the marriage by one partner only, it is considered to be non-matrimonial property. However, there are several factors that will be taken into consideration if it had to go through court and these will include the length of the marriage and whether you have any children who need to be cared for. Therefore, because the matrimonial home is the central property in a marriage, then it will usually be treated as a shared asset. Also, if your ex cannot afford to re-house herself or your child, then any assets may be divided equally so that neither partner is seen to come out of the marriage better off than the other. I suggest you take some legal advice as other factors may be taken into consideration also.

SeparatedDads Editor 6 Jul 2015

@Scottie - When lawyers talk about property being 'jointly owned' in the housing context it means two or more people who hold legal title to the property. If both you and your ex are named on the title of the property, both of you have equal rights over and to the property, meaning your ex, if she wished, could apply through the courts for an Occupation Order. Given that you have children, first and foremost the courts would consider what is in the best interests for them and where they would be better off living. However, other considerations would be taken into account, such as financial ones, so there is no anticipating what the courts may decide. If she was granted an Occupation Order of the more basic kind she might be allowed just access to the property, or it could be to the other extreme that she may even be given permission to live in the house with your children and it might be you that may have to find another home, yet still be liable to contribute to the mortgage. It is a tricky question to answer and one where if you are concerned you may wish to take some professional legal advice. If you are contemplating a more permanent arrangement, you may want to agree to sell the house and split the proceeds so you would both have a clean break.

Wellsy 3 Jul 2015

I am in middle of non amicable separation. The house we lived in was mine for five years before marriage, it is in my name only, I have paid bills and mortgage since owning it. Was married for 7 years before split. Wife always claimed she was too ill to help in house and so on top of working I had lions share of housework etc and bringing up daughter who is now eight. She now wants half the house. I have friends who have had similar and are suggesting she should only be entitled to half of any profit the house made in the seven years and not half the house? Is this true? Payments, owbership etc can all be proved...

Scottie 3 Jul 2015

Hi, my wife cheated on me and left me 2 months ago and moved into a 2 bedroom flat with the kids. She is now saying she wants me back, I'm not too keen on the idea, lack of trust issues mainly. I am worried that one day she will move back into the family home. Is there any way of stopping this from happening? The house is in both our names but since she left I have been paying the mortgage.

SeparatedDads Editor 24 Jun 2015

@Spanner - If it is jointly owned and he is contributing to the mortgage, then theoretically yes, he would have a claim. If he owns the house jointly in a ‘trust for sale’ he may be able to force the sale of the property. This is done by applying for a court order that would in effect allow for the property to be sold, and would provide a timescale within which it should be sold. However, there is no guarantee the courts would rule in his favour. Other mitigating circumstances may be taken into consideration such as whether his children are still in need of the family home as a base. He would need to seek legal advice on this. I hope this helps.

Spanner 22 Jun 2015

Hi. My boyfriends partner had an affair and they separated about 2 years ago. They had 2 children together who are now aged 18 and almost 16, who both live with their mother in the family home, for which they both have a joint mortgage. They were not married. Is he entitled to claim his share of the equity of the house, so he can move on with his life?

SeparatedDads Editor 5 Jun 2015

@david - I'm afraid not. But you could take it back to court when the time is right and ask to be bought out or force the sale.

david 4 Jun 2015

I moved out 4 years ago, paid the wife maintenance for both children sill paying as 1 is still in ful time education. She moved her partner in 3 years ago to our house that is now mortgage free. Could I claim rent off him? He lives in my house with my wife and children.

zh 4 Jun 2015

I separated from my wife after 2 months of marriage. I rented place when we married and paid all cost of marriage and living expenses. She then moved to my parents house and lived there. However recently (after 1 year of marriage) she took me in court for false domestic Violence case and currently in protection and living in housing society paid by government. i don't have any contact with her. Since she moved to my parents house I saved money living alone in small rented room. I'm desperate to buy property as that is on best offer with best location. Is there any risk in buying property? we both are in 30's. She also want divorce. It might take some time but I don't want to wait to buy property.

grimmy 4 Jun 2015

I have been separated from my husband for 7 years .we are mortgage free on our property.he has lived away from our house for this time.i have now a new partner who does not live with me who is willing to buy my husbands share of the house.for £5000 less than my husband wants for his share.he has now told me to get out of the house as it is going up for sale.both our names are on the title deeds.where do I stand legally with this

SeparatedDads Editor 3 Jun 2015

@Nathan - it depends on whether she wants the money in a lump sum. However, if you could raise the money another way, such as extending your mortgage etc, then I imagine there is no reason why she would not accept that offer and then you would not have to sell.

SeparatedDads Editor 3 Jun 2015

@skinny - in additional to the information in the article, you would have to seek legal advice on this as it is not a cut-and-dry answer. In other words, you could take it to court and let the court decide on how your estate should be distributed, otherwise you could come to an amicable agreement between you.

SeparatedDads Editor 3 Jun 2015

@Freddie - If the house is in both your names, your ex will have to get consent to sell. You will not lose your share if your ex's partner moves in prior to the divorce. However, for peace of mind, I think you should seek some legal advice regarding the best way forward. I hope this helps.

SeparatedDads Editor 2 Jun 2015

@Confused247 - I have included a link to the CAB document 'living together and marriage: legal differences', herewhich should tell you all you need to know as it covers every aspect. However, you are not really off to a good start if you are thinking about separating before you are even married and you are suffering from trust issues so early on. You might want to have a good think about whether you wouldn't rather wait a while before you officially tie the knot.

Mrspop 1 Jun 2015

Hi my husband had an affair and left me. He now wants to go on holiday to our holiday home with his new women, the one he committed adultery with, is there anything I can do to stop him. We jointly own the property.

nathan 31 May 2015

Hi I bought a property 6 years ago and my partner at the time put in a substantial amount of money towards the deposit 9750 to be exact I got the mortgage in my name and she has never paid anything financially towards to house . Now she has a charge that I signed with her solicitor saying I would pay her back I was tricked into agreeing with this but my lender has nothing to do with it I know I ow her the monies but dont want to sell my property to pay her do I have to sell because of this agreement or can I offer repayment another way ?

skinny 31 May 2015

I married my wife 19 years ago. She left some 11 years ago. Since then my son has lived with me most of the time. While we were married she only ever worked part time. And has not contributed to the house since leaving. She now lives with another man I have just started to see someone and she is now demanding I pay her half the value of house can she do this and must I do this

Freddie 31 May 2015

My wife wants a quick divorce after 2 years seperation, the house is in joint names and my youngest son is 16, but she wants to stay there until he's 18. Can she sell the property under my nose and also if she moves her boyfriend in to our house does he have a claim on the property, could I loose my share. Any help or advice would be most appreciated

Confused247 29 May 2015

Hi, my current partner is recently divorced. She is still in contact with her ex husband and insists they are "just friends". I concerned that she may stray later (but says that will never happen). I believe this to be the case but you never know. It is suggested by a member of my family to request a prenup be signed. Our relationship in recent days have been rocky and that's because of a number of things leading up to the wedding. I am trying to avoid asking this and hope you can advise on the following: a) If married, and she strays, we apply for a divorce, is she entitled to any property/inheritance in my name? b) Point a but this thine with kids, c) Because she is divorced, am indirectly responsible for supporting the ex? I am hoping you help

Swanky 2 May 2015

I've been seperated for over 5 years now and when we split I took only debts, and therefore we both split with nothing. I'm now looking to Divorce however I've just taken early retirement will my Ex have any rights to that money??

SeparatedDads Editor 21 Apr 2015

@pumatree - I'm afraid I can't really answer this, as you would have to take it to court and let a judge decide your divorce settlement if you can't agree it between yourselves. If there are children, their needs including maintenance will be dealt with separately.

SeparatedDads Editor 21 Apr 2015

@dai - while you are theoretically entitled to half your family assets and savings because you are married, there are certain assets, such as inherited property or money that you may not be entitled to. I have included an article via the Money Advice Service; 'dividing investments and savings during divorce or dissolution', whichwhich should give you some further advice. I hope this helps.

pumatree 19 Apr 2015

Hi, I am currently separated from my wife, we have one child, aged six, we have a joint mortgage which I made all payments, the house is for sale and is due to be finalised very soon, however, she is claiming she is entitled more than half of the proceeds as she has our child, my ex wife is living with her parents and I am renting a separate house, I pay maintenance every month without fail, is she entitled to receive more than half the proceeds of the sale on the basis that she has our child, even though she is refusing to let me have access to her.

dai 18 Apr 2015

I have been married 20 years my wife kicked me out and has told me that I am not entitled to any of our savings as she recently was left a large some of money am I intitaled any of it

SeparatedDads Editor 15 Apr 2015

@Annie - yes, as you are married all assets are deemed joint assets.

Annie 12 Apr 2015

My wife owned the house I moved into before we were married! I am on the mprtgage and pay towards it each month, and have done since before we married. We have 2 small children am I entitled to anything.

SeparatedDads Editor 10 Apr 2015

@Sop - I think in this case because you are not married, but because the property is in your name and you both contribute, you would really need see a solicitor who will be able to advise you fully on your legal rights.

SeparatedDads Editor 10 Apr 2015

@sticky - then I think as you were not married, you own it outright and your ex refuses to move out, or sell the property, I would take it to court. I have included a link herefrom the CAB, which should explain to you the differences of marriage and co-habiting and what your legal rights are. I hope this helps.

SeparatedDads Editor 9 Apr 2015

@Sara - If you and your partner divorce or your relationship breaks down and you can’t agree on who gets the tenancy, you may have to take this to court for a decision about who should live there. It might be worthwhile visiting your local council housing officer too, in order to see what your rights are.

Sop 8 Apr 2015

Hi I live with my partner in england, its been two years since we live together. My partner had two houses and he put both on my name and said he didn't want any house he just wanted me to stay with him. Now after two years he's changed he started to physically abusing me and keep asking me to leave his house which are on my sole name. I pay the bills and my other house which we get rent pays our mortgage which is from joint account. Is he entitle to anything and where do I stand with this. I really need some help I left everything now I can't leave this house but I'm so scared of him that he may kick me out.

Sticky 8 Apr 2015

Thanks for the response. The house my ex is living in with my daughter (and also now her boyfriend) i paid for outright with the proceeds of the sale of a previous house so there is no mortgage.

SeparatedDads Editor 7 Apr 2015

@Sticky - you could take it to court. Some courts will allow the resident parent to stay in the house either until the child becomes 18, or on the condition that the parent lives alone. If you are still paying part of the mortgage then I suggest you apply to the courts to make a legal arrangement.

Sara 7 Apr 2015

I and my ex partner ( we not meried) got councul house in both our names on the agreement, we have child together under 2 years old. Then I left the house becouse my ex abused my every day amotionaly and used financially, smoked weed at the house. Since I left pas 8 months. Now I want come back with my child to live there, but my ex refusing to leave the house. I want to excluding my ex partner from council house agreement by court. Will I get my rights in the court?

Sticky 4 Apr 2015

Hi, some years ago I moved in with my partner at the time and I purchased the council house she was living in through the Right to Buy scheme. I paid for the house with the proceeds of the sale of my previous home. We agreed, through a solicitor, at the time that two thirds of the house was mine and one third hers although the house is in her name. 5 years ago we separated, having one child but never married. I purchased another property and she lives at the house with my daughter who spends weekends with me. My ex now wants me to agree to a 50/50 split and at the same time is moving her new boyfriend into the house. I don't have a problem with the 50/50 split if she was prepared to buy me out. What I'm not happy with is her and her boyfriend living rent/mortgage free in my house whilst I have a mortgage, maintenance payments etc. Can she just move someone in without buying me out? I should add that her boyfriend has a decent job and a house which he currently rents out.

DaveH Editor 2 Apr 2015

@Alphaboy1 - it depends what amount of equity there is in the house really and how much money was put into it on deposit. I don't see why you wouldn't be entitled to any on divorce.

jazzmuffin 2 Apr 2015

Hi, I'm a separated father of a 12yr old boy. My ex and I split up a couple of years ago and the only reason I moved out is because I had somewhere to go and she didn't. Care arrangements for our son is exactly 50/50, in other words I have him 4 days a week, 3 days the next and so on. I'm not paying any child maintenance as neither me or my my ex feels it's applicable. However, because I have concerns over her financial wellbeing I allowed my ex to claim 100% of the child benefit. We are trying to settle our financial arrangements. Shortly after we separated, we both found new partners. Her new boyfriend is living in the marital home, although the mortgage comes out of my account each month. My ex transfers the amount of the mortgage each month, half of it being her contribution and the other is her boyfriend's 'rent'. She has refused to go to mediation, reply to letters etc and wants her day in court. We have exchanged Form Es and she has stated that she wants the house to be transferred to her. We have a sizable amount of equity in the home (over £100k), and she's not in a financial position to be able to buy me out, whereas my new partner and I are in a position to be able to buy her out fairly. Is it feasible that the court could award her the house and I come away with nothing? My new partner and I are renting and we have her 2 children most of the time, along with my son 50% of the time. It is clear my ex and her partner are in debt, whereas we have the funds to be able to buy the house. The last thing I want is for my son to have to move out of the house he's known all of his life. I should also add that her partner also has kids (albeit older) living with her. It appears my ex is happy to see me suffer, whereas I wouldn't wish that on her. At the same time however, I have my own extra responsibilities.

Liz 1 Apr 2015

Hello im in the process of divorce have been married 27 years. Me and my ex are living in spain, but our marital home is in London, ive just found out today that my ex is thinking of taking his girlfriend to London and wanting to stay at our house, i have made it clear that i do not want her staying there. How do i stop this? Would love some help on this. Hope to here from you soon Elizabeth

Alphaboy1 31 Mar 2015

I have separated from my wife 5 years ago. I set up child maintenance payments before I left. Now my wife who is staying in the former matrimonial home with her new partner, says I'm not entitled to any equity from our home, due to her paying the mortgage for the last five years, she claims my share of any equity has been wiped out. I may add I settled both car loans we had outstanding, and would just like something to start again. Legally do I have any case? My lawyer seems to think not. What's more disturbing is she committed adultery, and it seems I'm the one paying for it all.

SeparatedDads Editor 25 Mar 2015

@MrsS - he is not correct, you are entitled to half the house because you are married. The house is considered a joint asset. You may want to go to a solicitor for independent advice regarding your legal options.

Ali Editor 25 Mar 2015

@Teena - no, if he has never lived there, contributed or has never had any financial input, then he can try all he wants and he wont get anywhere.

SeparatedDads Editor 23 Mar 2015

@Dutchie - it depends what your pre-nup says really. If you have contributed substantially to the home over the years, your wife may come to some sort of agreement to give you something, but it would have to depend upon her goodwill. On the other hand, if you think the pre-nup should have changed and you should be in receipt of some money given your contribution to the home then you may be able to take it to court who will decide if the agreement has any weight. I hope this helps.

SeparatedDads Editor 23 Mar 2015

@Davy - is this divorce amicable? As by rights given that you are married, she jointly owns your house (regardless of whether she has contributed or not) and likewise you jointly own hers as all property becomes part of the marital pot. If you are on good terms then it might be that you agree to keep your respective homes as part of the divorce agreement, therefore the assets will be fairly split down the middle. However, if either of you begin to disagree then that's where it becomes more complicated. I suggest in the first instance you either get some legal advice regarding where you both stand, or sit down and try to agree between you who gets what.

MrsS 22 Mar 2015

My husband and I bought a house together 22 years ago. The mortgage is in joint names. My husband pays the mortgage and I pay every other bill in the house. When we get divorced my husband says that I am not entitled to any of the house as he pays the mortgage. I said without me paying all the other bills he could not afford the house. He also said because we have no children under the age of 16 I am entitled to nothing. Is he correct?

Teena 22 Mar 2015

My ex boyfriend has put a claim in via solicitors for a share of the proceeds of the sale of my flat. This all came about when I contacted the csa for help to claim the maintenance for the two children we have. He has never lived in the previous dwelling. His name was not on any documentation relating to and nor did he contributed to any of the bills or mortgage on the flat. Has he got any rights to my property that I am living in now?. Considering he has not seen his children for 7 years and does not want to see them.

Dutchie 19 Mar 2015

I've been married to my wife for 7 years now and lived in her house for 8 years. I signed a pre nup when I moved in. We now have a son together who will be 5 this year, if we split up am I entitled to anything, i'm not a gold digger, I just will have to start again and rent somewhere nice where my son can stay with me. I'm just asking for enough to buy all new furniture to start again.

SeparatedDads Editor 19 Mar 2015

@Pauly - I'm afraid the child support is determined through the paying parent's yearly gross income, not the receiving parent. Therefore, it is not based on what the receiving parent earns.

Mel Editor 19 Mar 2015

@mascot - if your eldest is willing to back you up, then you will have a stronger case. But not wanting to be negative, be warned even if the courts force a sale, you will need to watch out for your ex trying to prevent the sale. I know a house in my area where the husband lives and the sale has been forced, but every time a viewer wants to view the house I've heard he either puts the viewer off or he makes sure he's out when the viewer turns up. It's been on the market for years. So if the courts does force the sale make sure you keep on top of the estate agents and make sure she is not putting off viewers. I just want to make you aware of this, but I hope all goes well. Good luck.

Davy 19 Mar 2015

Hello, Ive been married to my wife for nearly two years but now she wants a divorce, I own my own property(mortgage) and she has her own property (rented accommodation). She has never lived nor contrebuted to my house in any shape or form we have always lived in our own separate houses and there is no childeren involved. could you please inform me where do i stand on this bizzare situation ?

Pauly 16 Mar 2015

My marriage ended when I found out my wife was cheating me money wise and later found she had been having a affair for along time.in order to get my name off her debts I agreed to give her the house.she now rents this house out but doesn't declare it with csa as I think it goes through the guy she was cheating withs account.is there anything I can do to prove she is doing this as my maintenance payments don't leave me much

mascot 16 Mar 2015

Thanks for that. I can prove he's there all the time. My eldest is 16 and my youngest is 12. They have said as far as they are concerned he's moved in. My youngest hates it. I think that I'm going to contact my solicitor now as I need to get this settled.

SeparatedDads Editor 16 Mar 2015

@mascot - this is a tricky one as while he may be living there, he officially has his own place, which means your ex has found a loophole in the court order. I am not sure what to advise on this, you could take it to court, but your ex could easily lie and says he only stays occasionally and unless you can prove otherwise, then it may be impossible for the court to change the order. You could take it to court and self-litigate, and try to say you are struggling financially and need to release the cash from the house. But the court may not change the order if your ex can claim the children are settled there. You may want to seek some further advice through the CAB, as one of its legal representatives may be able to see another way around it.

Helen Editor 16 Mar 2015

@Vh - it is not compulsory, it is something you would have to agree between you.

mascot 13 Mar 2015

Hi. I went to mediation five years ago to sort out matters regarding children, finances and the house etc. I was all quite amicable. We agreed that she could live at the house with our two children but if in the event of her selling the property or marrying or cohabiting for 6 months then I would receive my share of the house worth 35%. Last December she met someone and he has been living there day and night since. She hasn't spoken to me to tell me what's going on. I've been told by someone who knows her that although he is there all the time she doesn't consider that he has moved in as he has property elsewhere and all his bills and documentation goes there. Apparently he has no intention on selling his own place but also no intention of not staying with her. I'm confused. Even with his own property isn't it the case that he's moved in. lm so much in debt because of this mediation agreement but I went for it for the kids. I just want my share so I can start fresh. please help

Vh 13 Mar 2015

Me and my wife are splitting up,we both are 50/50 on the mortgage if she moves out of the property dose she still have to pay half the mortgage thanks vh

SeparatedDads Editor 13 Mar 2015

@bace - you need to get some legal advice on this as you don't say whether she put any money into the house. Also in order to remove her name from the deeds you would need her permission. So it is better that you are legally informed prior to this of both yours and her rights.

bace 11 Mar 2015

Hi. me and my ex partner split up over 11 years ago. we wasent married but we have 3 children together. we have a mortgage in joint names but shes never payed nothing towords the mortgage or eneything with the house. she has not been near the house for over 11years. whats my rights and is there eny way i could take her nome off the house. need help please

SeparatedDads Editor 10 Mar 2015

@Dasher - it depends on what the house is worth and what equity is in it. If you are married then you have rights, as the marital home is considered a joint asset. However, many factors have to be taken into consideration, such as your contribution and the issue of your children. You 'may' get something out of it should you divorce, however, if you are not good at paying maintenance and you haven't contributed to the property since leaving it's likely you may not. You would have to leave that to a divorce court to decide.

Dasher 7 Mar 2015

Trying to work out my bit, the house is in wife's name, I have paid money into her account she paid £80k and I paid £20k we have two small kids. We split up 18mths ago and I have been paying maintenance, wife moved and rented house out. Sometimes it was empty and she has paid the mortgage, maintenance and declared it to tax office under her name. She has also paid for maintenance etc, I am being totally honest here. She is now selling the house am I entitled to anything. I work away not great sending maint, and have moved on

Phil Editor 5 Mar 2015

@Golly - If the house is in joint names then you should be entitled to your portion of the equity and the appreciation in equity.

Golly 4 Mar 2015

Hi, I have recently seperated from my partner. We have a home which we bought together two years ago. My ex put a large deposit down which I don't want part of but the house has gone up in value by £80,000 in the two years we've owned it. Am I entitled to half the increase in value? She has two children from her past relationship who live with us. The home is in both names and we both have paid equal into our joint account for all the bills. I've even put a bit extra in towards payments on her new car, thanks

Gary Editor 25 Feb 2015

@Muzz76 - probably not - councils can exclude you from the register or place you in the lowest priority band if you earn over a certain amount or have assets over a threshold. I'd contact your local housing authority direct to find out - but's awful to find yourself in this situation. If you own half the house, I'd move back in with the ex. It's not like she can force you to go if it's your house.

Rich Editor 24 Feb 2015

@concerned friend - it is one thing to have an affair, another to flaunt it under his wife's nose. There is nothing you can do legally, except agree to separate and one person move out, or stay together and opt for a divorce and then split the proceeds of the house. It sounds like an awful situation for anyone to have to put up with.

Muzz76 23 Feb 2015

Hi I just separated from my wife of 13 years 6 weeks ago. My ex wife lives in our home with our children. The house is in a joint mortgage. I'm now living with my mum and stepdad. With whom I do not get along with as he is an alcoholic. I have my children 3 times a week. This is not a suitable place or environment for my children to be in, but I have nowhere else to go. Will the council help me with accommodation even tho I will have to tell them that I own my own house in which I cannot live in. Please help

SeparatedDads Editor 23 Feb 2015

@Sparky1973 - As specified in the article, 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? It may be a matter of discussing these options with her. However, you don't have to leave and as you co-own the house in legal terms it will be probably more beneficial to you if you stay where you are, as through the courts you would have less of a chance of ever moving back in. If you wanted to sell, perhaps you could come to some mutual agreement and agree to put the house on the market while you are both under the same roof and agree to part once a sale has been agreed. I hope this helps.

concerned friend 22 Feb 2015

Hi I am trying to find out some advice for my, sister in law, Over Christmas she found out that her husband of 24 years is having an affair, My brother is behaving atrociously, He has started to bring his girlfriend round to the marital home whenever he feels like and having her sleep over. Is there any way of stopping this? Many thanks

Sparky1973 20 Feb 2015

Hello, I've been with my wife for 6 years, married for 3 but we seperated 6 months ago. We have a 5 year old daughter. We at still living in the marital home but in separate rooms. The house is shared ownership but both the mortgage and rent is solely in my name. She had contributed to the house as she has paid bills. I've told her that I don't want to leave but she wants to get courts and solicitors involved. Can they force me to leave? Any help, advice would be greatly appreciated. Thanks, Sparky1973

LizC Editor 20 Feb 2015

@1234 - you would have to seek legal advice as much would depend on how long you were married, what he contributed to the marriage and whether you had any children etc.

SeparatedDads Editor 20 Feb 2015

@windoze11 - whose name is the house in? Have the names on the deeds been changed and have both your wife and you been buying this house for a while? It depends if you and your wife have a mortgage on this, and how you are paying your parents? It is difficult to give advice as you have not really supplied enough information regarding who legally owns the house. This may be one in which you have to seek legal advice.

1234 19 Feb 2015

Ive been married 16 years but separated for 12, my ex partner has never been on the mortgage any bills or electoral roll, if i put in for a divorce is he entitled to half my house or any assets... Can someone please help me

windoze11 19 Feb 2015

Hello I wondered where I stand my wife wants me to leave my house we have 3 children under 18 , the house is owned by my parents buy se are buying it off them where do I stand as this house was bought by my parents thanks

SarahH Editor 10 Feb 2015

@Tre - if I were you, I would not leave the house. If you want to split, I would stay in the house with your husband until it is sold. I know this may be difficult for you, but I shall explain why it is the best move. If you move into rented accommodation and leave your husband in the house, then if he is unemployed he is likely to go into mortgage arrears unless you can help with mortgage and bills. If you put the house on the market, there is a good chance he may not want to sell, or the house may go into decline, so then you will have more problems trying to retrieve any money in your property. You are on a low income yourself, therefore it is going to make it difficult for you to afford rent (which is much higher in comparative terms than to a shared mortgage of £30,000). I would stay and sell the house, then if you want to leave, leave with your share of the money so that you and your ex can start afresh. It may seem like you want to get out now at any cost, but it would be a really high cost to you if you leave now. Also, you may have to incur or may not be able to work a business at your rented accommodation, at least you have the proper set-up where you are now.

Tre 9 Feb 2015

hi I'm looking for some advise. I have decided that after 27 years of marriage that I no longer want to be with my husband. We have a joint mortgage with 9 years remaining owing £30,000, my husband is currently unemployed and I am a self employed registered child minder working from the marital home. I have come to the point where I want to move in to rented accommodation and start again as he will not leave ...any advise on this please. we have 2 grown up sons both living at home and working. I earn approx. £9000 a year.

SeparatedDads Editor 5 Feb 2015

@jojo - you would have to expand on this question more fully if you want an answer, as you have not specified who is living in the house, who owns if fully and whether it is jointly owned etc. We would require more information in order to give you a full reply.

jojo 3 Feb 2015

Left girlfriend still paying mortgage. And got two kids age 15 19 met someone else can I sell my house to start a fresh

Ali Editor 19 Dec 2014

@Ken - this is a sad story. Have you thought about going through a divorce, which would at least sort out both of your financial affairs? It's painful to go through I know, but at least you both would know where you were then, and it would mean that you could begin your life afresh.

Ken 19 Dec 2014

My wife of 26 years just got up from the dinner table one November evening 2009 and left the family home. She came back after 6 months but left for the final time Oct 2010. The first time caused some emotional damaged which was the main reason for the second. I have always been willing to seek professional marriage guidance help but not her. However, I need to move on from this but I am in a dilemma. The mortgage was secured on a self assessment and not only have I not missed a payment in 19 years I was at one point £6000 in credit, but even though my wife wasn't working when we took out the mortgage and any income she made was never included in the household budget the mortgage company say I cannot take Melanie off the mortgage because I cant afford it. Because I work from home and can legally claim some of the expenses against my tax, on paper they are correct. I may be able to obtain some equity release to settle whatever amount she is entitled to but any pay out would be in joint names. Not sure what the best approach is. she has said she doesn't want the house or any financial claim to it but I feel she is still entailed.

davis 13 Dec 2014

Please I need your advice, my and my ex is going through divorce, and I had always made it clear that I want to have my kids most week of the day, we had initial arrangement to pick the from Friday afternoon and drop them back on Monday morning in the school, but I knew my ex cannot cope with the children because she sometimes work 7 days a week, recently she agreed and sign a document for me to have the kids four days a week, Friday afternoon, Saturday Sunday, Monday till Tuesday morning when I drop the kids at school. also I am also having the children during any school holidays from September to July while she have them only for August. Please what is my chance of having sole custody because I know she can't cope with the children

SeparatedDads Editor 20 Nov 2014

@Bella - you should have a case to reclaim if you feel it was done under duress. If you has a 'clean break' divorce then that would make it more difficult, then again I'm not sure you can have a clean break divorce if you have children. My advice - call your solicitor.

Bella 19 Nov 2014

Hi im in the process of divorcing my husband. Before I left he pushed me into singing over our marital home to him. I did not get a fair share of the house. I was just so desperate to get out of the house with my children. I am not sure if I am entitled to any more money from the property if he sells it ? He would not let me stay in the family home hence me leaving and I am now renting a house with my children. Need as much advice as I can get as he is very money driven. I just want a good future for my children. Kind Regards Bella

Fiona Editor 22 Oct 2014

@Fairy god mother - he might have some right to the equity if he has contributed, but I don't imagine he'd get 50/50 of the property, especially as you have a young son to bring up. I'd see a solicitor, just to make sure. Fiona.

Fairy god mother 21 Oct 2014

Hi I've lived in my council house for 20 years plus meet my my partner 7 years ago been married for 4 years in this time I bought my council house on a right to buy mortgage solely in my name. Marriage has broken down I have a 3 year old son with him and a 21 year old son (not his) still living at home. Does my husband still have the right to take 50/50 if we divorce

SeparatedDads Editor 21 Oct 2014

@cici I can't see how your ex-wife would have any entitlement to a share of the equity if you bought the house after you separated and it is not listed as part of the divorce settlement. I hope this helps.

cici 20 Oct 2014

Separated bought a home 3 yrs ago my name only on title .we never lived in the home as a martial couple. I pay the mortgage on my own. Do the other spouse have rights to equity

cici 20 Oct 2014

Separate five yrs bought a house three years ago.in my name only.spouse never lived in the home and never paid mortage divorce is pending.do they have rights to equity

SeparatedDads Editor 9 Oct 2014

@User, if you are married then you have rights to half of the house, as the marital home is a joint asset. You should also have bank statements that prove your contribution towards the mortgage. But many factors have to be taken into consideration, so it doesn't mean it will be a straight 50-50 split should you divorce.

user 9 Oct 2014

hi wive and i have been together for 13 years married for 7 we purchased the house 13 years ago my name is not on the deed reason being i have a previous x with 2 kids at the time of the purchase ...i pay for the house out of my paycheck every week my pay goes in the morgage bank and mortgage

boodog 8 Oct 2014

My wife and I have been separated for 5 years , ihave paid the mortgag on my own for last 5 year's and my name is the only name on the deeds , she is now asking me to sell the house can She make me do this

Clive 3 Oct 2014

I lived with my wife at our matrimonial house for 4 years which is council, now we have split do I have any rights as in the my personal belongings and stuff we aquired together please help?

charlie 26 Sep 2014

hi i left my wife two years ago and brought myself a small house with the equity from our jointly owned house we sold when we separated . i had more money than she did so i could buy my place but she signed a form at the solicitors stating that i could take more than her but took on her debts now i am selling the house after doing the place up she wants a lump sum off of me ,a few months ago she wrote me a letter saying she wants 10,000 pounds and i agreed with her on that amount but now she wants more, she has never slept in my house or paid any money towards the running costs or the updating of the property can you please tell me if she can change her mind or how much she is entitled to

val 24 Sep 2014

i was with my partner 22 years we bought a house in joint names I left the property 12 years ago my name still on the deeds I never pursued for my half of the house as I thought it would always be there for my boys but my ex has moved in a new girlfriend can I still claim my half of the house up util the day I left bearing in mind my parents paid the deposit and still have proof of that thank you for your help

Furious 22 Sep 2014

My son bought all the white goods plus TV and sofa for his partner. He never lived with her. They have now separated what are his rights with these goods. They have a son together.

Nick 17 Sep 2014

After six years my friend left her husband and the marital home with their two kids, due to an abusive relationship, in which she married him from Another country and he obviously believed he bought her, it was untenable for her to stay and found temporary accommodation. It has been six months now and without full time employment and the temporary accommodation no longer an option I am concerned for her / kids and her rights. The husband has changed the locks on the matrimonial house and with continued abuse on texts and on the phone it is becoming hopeless. She is receiving some monies for the kids but these are infrequent and are dependant on his frame of mind. With no support of legal aid since the law changed and no money to pay for solicitors and him disappearing out of the country for two of the last three months. It would be good to know if she is able to return to the home and gain access so she can have a stable place for the kids to live and continue to attend school around the corner. She has put a marker on the property but if she does have the right to return, what can she do to protect herself if he returns and try to gain entry

tracey 15 Sep 2014

Trying to get as much info for by partner His ex wife lives in marital home both names on morgage He stopped paying morgage June 2013 so it enabled him to get a place. Up till then he was living at parents & paying half morgage. His daughter 9 yrs old lives with his ex who has moved her boyfriend into house. Should we be worried about any rights he may get on morgage? If they married? Please any advice be fab thank you

Lema Editor 15 Sep 2014

@CCTV, as your ex has continued to pay the mortgage she is legally allowed to move back in. Is her name on the mortgage?

CCTV 12 Sep 2014

I wonder if you could help. I have a property which is jointly owned by myself and my expartner. She decided some 3.5 years ago to move out of her own accord. She remains to pay half the mortgage but has now stated that due her break up of another relationship she wants to move back in . Is she entitled to do this given she has been out of the house for3.5years and pays nothing to the house other than the mortgage.

gardengirl Editor 3 Sep 2014

@ally, did you jointly own the house or still do? If your name is on the mortgage then you will be entitled to some of the equity when the house is sold.

ally 3 Sep 2014

was asked to leave our house 2 yrs ago , my name is still on mortgage but i havent been paying anything toward it for last 2 yrs . Am i entitled to anything from 2008 - 2013 when we were together.

zakki 29 Aug 2014

We were married in 1996 and bought a house in Jointly in 2000 where we lived.We didn't have children and have names on land register.we separated in 2004 and till 2004 we both paid the mortgage, then I had to go abroad and she start living with another man and now they have 3 children I tried to get in the house but she did not let me in.I paid the mortgage repayments on my own till 2008 .I married again and have children and living somewhere else now I have all my belongings in that house and she file the petition in family court to transfer the house on her name.I want to sell the house.she is taking the advantage because she live in the house please guide what are my rights and I should do.

dan 25 Aug 2014

I'm in a dilemma, was married for over 17yrs, in relationship with same for 5yrs prior. We decided on a split, I signed over my share of the house to my daughter (who was nearly4) This was nearly 8yrs ago. My ex and me since the split had always had a decent friendship. However my ex requested my daughters name change (keeping my surname as her middle name) As my ex is now in another relationship (around 7yrs) and now with another child (6yrs old) and her partner has his own daughter (approx 11) and an older son (over 18). Were does my daughter stand with the 50% share I signed over to her? Do I have legal right to ask for my share back to reinvest for my daughters future? Your advice/help would be much appreciated.

mac 25 Aug 2014

am now divorce and my ex wonnt give me my fair share of the property.we were together 30 years and both paid the mortgage the past seven years.he has made an offer through a lawyer too which he has lied that the lawyer wont represent the case anymore on this matter .can i put the property up for sale or how do i seek getting my fair share of the propert and the contents

fred 20 Aug 2014

Man paid morgage for 25 years no children are involved wife wants him out and does not want to give him anything from the sale of the house it is in joint names he paid the morgage and she paid thebills what are his writes

Buddy Holly 19 Aug 2014

My wife owns the house we live in 6yrs on she wants me to move out but dusnt Want a divorce.my wages have been paid Into her account for 6yrs an she as just given me money As an wen I need it.resently I have lost my job An now says she wants me out the house. What are my rights?

ninjet 10 Aug 2014

hi I have a question i have lived with my husband for 10 years and we have been married for 5 do i have the right to tell him he cant have certain people over because ive never met them and would rather not have complete strangers in the house we share with our kids?

kev 5 Aug 2014

Hi I have owned my property for 12 years, which is in my name only, I met and married my wife a year later, we brought another house together in 2007 which got reposessed, we moved back into my house for a couple of years and then we split up, we have been seperated for the last two years at witch time I left my wife and kids in the property but she did not pay the mortgage and got evicted, on the day of eviction I borrowed 5000 to pay of the arrears and moved back in with my daughter. since then I have spent loads of money on the property fixing it back up to a livable standard as it was wrecked with holes in cielings/walls, doors hanging off etc. now I want to sell it because the work I have done on the property has put the value up and has put me into equity, but my wife has put a charge of interest on the property and has said she is entitled to the equity. can you tell me if she is entitled to a share at current value or present day value and what share it is. many thanks kev

Lats 19 Jul 2014

Hi i am in my divorce procedure and moving back to my country with my 6yrs old boy next month but my ex husband wil be staying in the matrimonial as we are not planning to sell the property now. The house is in the joint name in mortgage. I just want to know if i return back after a year and if we sell the property will i still get my share?? And do you think hes got the right to add his girlfriends name into his will?? .if i die who will get my share?? Thanks

matt 14 Jul 2014

my wife of 12 years left me for another man 16 months ago. we have 3 young children and for this reason only I left the our home as i felt it was best for the kids. Both of our names are on the mortgage and for the last year i have been living in rented accommodation. My ex wife and her new boyfriend are living in my house with my kids. I have today found out that she is now expecting another child with this man. Please can you tell me my rights. When can I force the sale of our house?

Help needed ASAP 14 Jul 2014

Because of debts i had to do a second bond.. So now my house is not on my name, and we are paying R2 800 every month but then we recently found out that we are paying somebody else while that somebody is paying for the house with his money.. So what steps should i take so the bond house can be on my name again??

glory 13 Jul 2014

I own a property in my name. This property was bough by myself before marriage. Now I have two children aged 7 & 8. I am the main carer while my husband pays the mortgage on my current property. What I would like to do is purchase a property in my husbands name since I have savings of 20,000. My main purchase is to buy a property in my husbands name rent it out and manage it myself. I would like to build a property portfolio for our family. Also my current property mortgage is only 410 pounds with an outstanding of 50,000 on a 10 year term. I am 43 years old now. I have a property overseas from where I am hoping to bring the rental income from that income and repay the current property mortgage. I would like to find out what are the legal rights/ implications of this venture?

Steve 3 Jul 2014

My girlfriend has told me our relationship is over. We have only been together 3 years and we have a two year old daughter together. I owned my home before I met her and she moved in after just 8 weeks so has lived in the property for nearly 3 years. The house is in the process of being sold as we were planning on moving to a bigger house together. My girlfriend is not on the mortgage. Is she entitled to any money from the sale of my house (which is approx £15000 equity) I want to pay maintenance for my daughter and keep things as amicable as possible. Any advice would be greatly appreciated. Thank you.

sharon 26 Jun 2014

can you please help i have split from my husband and have a small son who is 3 the house was mine for 15 years but when we get married we put the house in his name which was over 7 years ago he paid the mortgage and i paid other bills i have left the house am i entiltied to anything thank you

Paddy 12 Jun 2014

I have been with my wife for 20 Years (married for 4) and we are separated soon to divorce. I have moved out as I have been suffering from depression and the situation has caused me to attempt suicide and my Psychologist wife turned her back on me. I developed and sold several properties and we have one left (un-mortgaged) but it is only in my wife's name. My wife also has inherited property overseas, would I be entitled to a portion of the value.

Nik 11 May 2014

I have been married for 91/2 years together for 13 years. My husband took out a Morgage 2 years before we got married in his name. We moved in together with my daughter we also have a son together. I'm being threatened that I'm not entitled to anything if we divorce because my name isn't on the Morgage. How do I stand with living in marital home with my children if I alone can't pay Morgage because he is telling me to leave . Or if we sell the house how much am I entitled to. My children are 9 and 12 years. ????

OLIVE 10 May 2014

I have owned my house with no mortgage, and live there with my daughter, as my first husband, the father of my daughter, died. Then I married again, but my new husband only worked a couple of days a week, so did not contribute much to living expenses, and any major work- I.e. new kitchen and new bathroom was paid for entirely by me alone. Now we are separated, after 6 horrible years, and he has moved out. Legally, is he entitled to anything should I wish to sell and move house?

Dan 19 Mar 2014

HiI am married for 8 years and we have a son aged 6. I pay all household expenses on a rented flat and have a full-time job. My wife works part-time 4 days a week. I have applied for divorce due to her unreasonable behavior. She has now resigned from her job just when the divorce process is at the final stages. I own a property which I rent and solely pay for the mortgage. However, she has claimed matrimonial rights to the flat as we lived there for 18 months.I would like to know where I legally stand with respect to the rental property I own.RegardsDan

mollymunch 25 Feb 2014

Hi divorced husband 2 years ago I live in home my name is on mortgage along with both my Parents ,ex husband now wants to claim half of my third share of property can he do this we were married for 20 yrs and lived in HSE for ten years he never contributed to household bills or paid mortgage he is entitled to legal aid and I am not please advise

Sherriff 5 Dec 2013

I had my own home for yrs b4 I got with the ex we then had afew kids & finally split up. We had problems with maintenance being he'd pay when he felt like it so I took him to the csa & now get regular payment. He's name got put on the mortgage after our second child he seems to think if he pays half the mortgage he will b entitled to half the house if & when I sell it is this the case?? Because he's never paid towards the insurances any maintenance I've changed it from a 2 bedroom to a 4 bedroom without a penny from him replaced the street doors that he's previously kicked in & put new patio doors in for security. I would quite happily hand the house over to my kids when they r old enough as that's wot I've worked all my life for my kids I'd move out & rent somewhere & split the house 3 ways to give my kids a starting step in the big world does anyone know where I stand please ?? Thanks

Jai 1 Dec 2013

HiMy husband and I split 10 yr ago, our children were 15 & 18Kids stayed with their dad but have all now moved out onwith their life I paid maintenance for the time needed to him after that I continued to supportMy kids directly to themMy husband still lives in the house and now has moved his sister inWe never divorced or had legal seperation or any financial seperationI'm not happy that his sister has moved in and would like house sold Or me to be brought outHow do I stand?Confused

BECKY 123 7 Oct 2013

I have been married for 17 years and both myself and husband have decided to separate because of problems in our marriage. I have two children age 8 and 16 who are living with us in our marital home. We both contribute towards the mortgage and would like to sale the property which we have equity on it. Please can you advise me if my husband would be entitled to half of the property even though I will be looking after our two children in rented accommodation?

aligal 26 Sep 2013

Hi, please give me some advice about this. I am living in my matrimonial home with my two teenage kids and two year old from a different partner, who also lives with us. The house is in my ex's name and not mine. My partner and I have a very complicated relationship and I have asked him to move out severally, for some reason however he always talks his way out of moving out and gets angry. I don't even believe I love him anymore but we have a two year old and that makes things difficult. I am so fed-u I feel like selling now and moving away but I don't want to put my older kids through that and risk not having a suitable home for them. I need to know if my present partner can make any claim to my share of the house if I were to sell it. I don't want him to have any of my property because I don't even believe he loves me, everyone in my family says he is using me so he can have somewhere to bring his kids. He is so lazy and never worked for the first three years he's lived here. He only started work the last 4/5 months and complains for contributing. I helped him with his immigration and paid for his lawyers throughout his problems. He has been so abusive to me.Not to mention he also brings his two children from his previous marriage to my house for weekends. My kids do not like this and his attitude in general and I really need help because I am so fed-up. Can someone please help me. Thank you.

Strom 26 Sep 2013

My wife and I had a joint mortgage until a few months ago, however it was changed to my wifes name, as she is younger and we could get a better deal. She decided to leave 7 weeks ago. I am still in the marital home and wish to stay. I am happy to contribute to the mortgage and will be paying a higher percentage of it. Quite clearly her intention is to make efforts to remove me from the flat or to sell it. Can she do this without my permission? What do I have to do to protect myself.

ci-ci 3 Jul 2013

i am divorced and my ex and i are selling our house. my name is on the deed. he wants to get married and move in his new wife before house is sold. we live in alabama, can he do this with out my approval ? what if she is willing to pay rent ? do I get to agree on amount of rent and get half

Concerned 20 Jun 2013

If a couple who are separated bought a house years ago in uk and the female has not contributed towards mortgage but has been majorly responsible for looking after the children who are now over 18 years old and now the man wants to sell the house, will the woman still be entitled a share of the proceeds from the sale? The house was bought as tenants in common. The husband says he wants to get a court order to sell, that the wife will not be entitled to any share since she did not contribute to the mortgage payment and also will the court order her to produce evidence of contribution to mortgage? He also said that the court will deduct every expenses of the mortgage from the wife's share of the house sale. Is it correct the man wants to sell without the woman's consent. The house is worth over £300,000 but he wants to give the wife £30,000 out of the net sale of about £310,000? The husband has removed the wife's name from the voters register unknown to her, will she still be entitled to any share and what should she do now before the sale of the house is effected? She does not stay in Britain but comes to Britain yearly. Does this affect her share?

finchy 16 Jun 2013

I have been seperated from my wife for 11 years and have brought up our three children myself. I want to divorce now ,how do I stand on my house it was a joint mortgage she only lived with me there for 3 years and never made any contributions to me or my children,i have spent a lot of time and money on a family home and hope I do not have to pay her anything.any suggestions please ???

me 11 Jun 2013

Currently have a matrimonial hold on a house my ex owns, we are going through a divorce but I have since found out my ex has rented out our home, I was married to him for 14 years and even though my name is not on the mortgage I do have the matrimonial hold over it.Is he allowed to rent the property out? x

CP 1 May 2013

i have been dating my partner since 03/2007. we had our wedding in 02/2011 and then or religious wedding in 09/2011. we purchased a property in 04/2011 with a mortgage under both our names, however, my family provided the deopsit (circa 30k) and since the purchase i have paid all bills(inclusive of mortgage). i found out in 07/2012 my wife was having an emotional affiar and thus seperated in 08/2012. Since then she has moved out and i have continued to pay all the bills. - She is now asking for half of the property(half of the equity after mortgage)..What are my rights? it was a short marriage(18 months) - with full contribution from me and a deposit from my family. it was always our intention to pay my family back, however she is now claiming she was 'unaware' of where the deposit money came from, and is stating that it is not her issue of that money needs to be payed back as its my problem and debt, and she is still asking for half the equity. please help!

dm1952 22 Apr 2013

HiI split up from my ex-partner 6 years ago (we were never married). We have a 18 year old son who is leaving college in June this year. We jointly own a property and have done for 18 years. There is a mortgage on the property but also a reasonable amount on equity in the property. My ex-partner has remained in the property since we split up and has refused to sell the property or speak to me regarding the property.I was advised a few years ago that you can't make a child homeless and therefore I did not push to sell the house. Can anyone advise on the position of forcing a sale on the property once my son has left college. Can I do this? And if so, how do I go about it? My ex-partner is in a long term relationship and he also owns a property but she has remained in the property working part time for the purposes of working tax credits etc. My ex has previously made ridiculous offers to buy me out and has implied that she wants considerably more than 50% of the equity in the property which as joint owners(unmarried) I don't believe to be legally correct. I was the sole earner for 10 years of home ownership so her contributions have been small over the years.I have paid maintenance over the years of separation but I have not contributed to the mortgage for the last two years due to having to fund rented accommodation.Any advice would be much appreciated.

KADAMS 15 Apr 2013

My wife kicked me out of our matrimonial home 8 months ago. Both of our names are on the mortgage. I understand her father is doing some renovations and she plans to sell the home. She has filed for divorce. The bank has advised me she cannot sell without my permission, but I want to know if I can legally move back into the home and occupy it until everything is settled?

betsy 7 Apr 2013

Hi,I,m recently separated looking to get divorced and I,m concerned about my home,,I,ve lived here 30 years but bought the home off my father 10 months after getting married 5 years ago but in my sole name,,we bought the house at a third of its value and now my ex wants to claim half through the courts if I don't give him the settlement fee he demands(third of the equity),,This may sound reasonable but we still owe the same on the mortgage and when we bought the house off my father he generously gave us £10,000 back for home improvements and has bought me/us numerous gifts for the home,,,my son lives with me (over 18) I would like to sell the home cheap to him(as my father did to me) but enough to give my ex a fair payoff,,,is this possible,he is not on the land registry to my knowledge,,many thanks

zippy 30 Mar 2013

Can someone tell me please if my partner of 20 yrs can stop me selling our house. we have a joint mortgage and my youngest child is 17 this yearand our other child is 19 this year. we have her Grandson living with us who is 4 plus his father who is 24 and also her daughter who is 21. the 24 year old causes problems but his mother can not see this. and this then causes problems between us.

Idris 22 Mar 2013

My ex girlfriend moved out of the house 18 months ago and now wants to claim half of the property. does she have any claim whatsoever?

Lisa B 17 Feb 2013

Hello,I have lived with my partner for 12 year in his house, we have 2 children aged 9 and 5. I have moved out of the house, but all my furniture which is mine and is still in there along with my clothes.my ex partner has now changed the locks, do I / we have any rights.??

Bridie 9 Feb 2013

Estranged from xhusband 3 1/2 years ago oustanding mortgage £192,500 this oustanding amount includes areas xhusband built up prior to him leaving the property also includes monies borrowed on collateral of marital home to buy a property in France, monthly payments include mortgage, load for property abroad and arrears which x acrued prior to leaving marital home, x husbands solicitor has informed my solicitor I must sell the home forthwith also the property abroad, x to have 50% of property in England and 25% of property abroad, x has not made any contribution at all towards mortgage payments at all prior to leaving the property or since. I cannot claim any monies from his business or his future pension he is 50 yrs of age and self employed, I am 63 and have a governement pension and small private pension both totalling £160 per week I have been paying the morgage arrears etc., of £1300 per month topping this up out of my savings, I have £400 per month keep from my son and £85 per week from lodger but do not always have a lodger for 52 weeks of the year I also get freelance work when available to help with my income and overheads, i.e. maintenance. Can you advise where I stand with x,s solicitor demanding him getting 50% x 25% respectively? X husbands solicitor has lied on several occassions on some matters !

Bridie 9 Feb 2013

Estranged from xhusband 3 1/2 years ago oustanding mortgage £192,500 this oustanding amount includes areas xhusband built up prior to him leaving the property also includes monies borrowed on collateral of marital home to buy a property in France, monthly payments include mortgage, load for property abroad and arrears which x acrued prior to leaving marital home, x husbands solicitor has informed my solicitor I must sell the home forthwith also the property abroad, x to have 50% of property in England and 25% of property abroad, x has not made any contribution at all towards mortgage payments at all prior to leaving the property or since. I cannot claim any monies from his business or his future pension he is 50 yrs of age and self employed, I am 63 and have a governement pension and small private pension both totalling £160 per week I have been paying the morgage arrears etc., of £1300 per month topping this up out of my savings, I have £400 per month keep from my son and £85 per week from lodger but do not always have a lodger for 52 weeks of the year I also get freelance work when available to help with my income and overheads, i.e. maintenance. Can you advise where I stand with x,s solicitor demanding him getting 50% x 25% respectively?

mandy 5 Feb 2013

I have been divorced from my husband for 2 years and seperated for 5 years. Previousley to this we owned a house on a morgage in joint names and after the divorce my grown up sons lived in the house with my ex husband and I left the property. My name was kept on the morgage has my ex husband did not want to sell it and could not buy me out so I kept it in my name purley for my sons. Now he wants my sons out the house and wants to rent the property out can he do this without my permission has my name is still on the morgage therefore still half my house legally ?

flyangel 4 Feb 2013

My wife and I separated e years ago and have done nothing legally about the separation. She wants me to stay at a hotel when I visit kids and says I am not allowed to stay in the Matrimonial home. Has got the right to do this

whatmessy 29 Jan 2013

Bought a house on my own and sold this with equity that I put to purchase my parents bungalow plus my mum and dad let me buy their home with nearly 30,000 as inheritence and I had a small mortgage for the rest I then moved my then boyfriend in and married in 1987, This has been an awful abusive marriage and before I had a daughter in 1989 and my dad sadly passed away in Dec 2000 I went onto to have 2 boys and my mum decided when my youngest son was 3 she would move out because of further noise from 3 young teenagers but moved while she was able. The mental and emotional and physical abuse continued my mum was poorly and on dialysis and I could not put her through the upset of myself and children being on our own and with threats and alsorts of upsets and bullying couldnt find the strength to go and nowhere to go my mum sadly died on sept 2010 I looked after my mum and this was a huge part of my life suddenly gone I had a breakdown in Nov 2011 and left my abusive husband as I could not longer cope with threats etc. the children are 23 20 and 18 and I am back in the property in Oct 2012 the two boys 20 and 18 live with me and are not earning sufficient money to live independantly and I am still on antidepressants and trying to work as much as I can, my ex wants to sell the bungalow. I have had a call from my daughter 23 who is having financial difficulties living away from home and has asked to come home for a while. He has put us all through this treatment for years and now wants half the equity why he has employment history which I do not have and have not been earning enough to afford a solicitor I did have one for the first part of the financial statement and still owe £1500.00 I couldnt afford the second hearing which would of been a lot more and this last case upto £10,000 he has a solicitor and has been living with another woman since january 2011. This is my home sentimental value also I have put a lot into this home he has spent the endowment money that was meant to go on the mortgage and said it would be for repairs that needed to be done here at the bungalow but hasnt done them also out of inheritence money my mum left me I bought a BMW Z3 it had my private plate on which he has sold and when I represented myself in court the judge said to anything I wanted to say that it was Irrelevant she was uninterested in anything I had to say al because if didnt waste my money on more solicitor bills as I am paying the mortgage here and want to save my home for myself and children I do realise they are adults at 18 but how many teenagers are liviing independantly away from their parents its just not possible. I am at the end of my tether and do not know what way to turn any advice and help would be much appreciaited I need to raise funds to pay him off.whatmessy

fi 20 Jan 2013

My second husband started to partake in soci;a drug use an I wasnot happy with his behaviour and deciced to leave for both my chldren and my safety/I moved into rented accomodation and was paying mor ethan our mortgage which I lsft him to pay..several months later he had defaulted and and eventually lead to the family home being repossessed. Where do I stand with this please???

Dennis 14 Jan 2013

I've been married now for two years to my wife who owns our house outright in her sole name.I over heard my wife telling her sister she had left me nothing in her will but I was ok to live in her house until my death or until her sister and daughter thought I was in no position to look after myself. I wondered if I had any rights to the property as I would find it very difficult to live in the house without my very loved wife. I think I would need to downsize and move out into smaller accomidation but I don't think her sister would let this happen.i wondered if you could give me a little adviceThanks Dennis

syl 10 Jan 2013

Could someone please tell me wear I stand moved in council disabled flat in my husband name only.as im under age ove 60 they would not put my name on rent book.my husband left me weeks back can I stay in the flat?

craigsville 8 Jan 2013

Hi,I have separated from my wife 10 months ago.I kept the matrimonial home ( put mortgage into my name ) and my wife moved into rented accommodation.She is now moving into her own home very shortly with her new partner. Nothing wrong with that I hear you say!But today, a letter from the bank of a loan application in her name which has been accepted came through the post. (I never opened it as I could see through the clear address hole) - She still has her bank home address at my home , even though I kept on asking her to move it to her rented address.Question is - Is this legal, and how will this affect my credit score at my address?What can I do?ThanksCraigsville

skinny 7 Jan 2013

My husband has been having an affair with a girl from work 18yrs younger than him, we have been together 18yrs, married for 12yrs we have two children 13yrs &10yrs. When he first left in Nov he was gone 3wks, he asked to come home stating he had messed up, I love him that much I took him back. He stayed for 5days & left again due to the girl he had the affair with being pregnant!! He has only been gone about 5wks & already wanting to sell our home so he can set up home with his new partner & prepare for the baby, I won't be able to get a mortgage on my own so will have to go into rented. But the house is not only mine & the children's home but I also work from home & by making us sell & move to a smaller house will affect my income in a massive way. My husband has always paid the mortgage & the payment comes out of his account & I have paid the bills & anything to do with our children, the mortgage is in joint names. Can he make me sell if I can afford to pay everything myself? he will have to stay named on the mortgage as I do not earn enough on my own to have the mortgage but with CSA payments, working & family tax credits & my wages I believe I can afford to pay it. I have been told as long as the bank gets their money they are happy & I believe I can so can he make me sell knowing that I will loose over half my work which will affect mine & the children's life style in a massive way?

Rose 6 Jan 2013

I stupidly bought a 2 bedroom house with my ex a few years ago for renting. My Ex never contributes any funds towards the house, he only sign the deeds. Now I am struggle to pay for it by myself, the property has been emptied for about 1 year and I am losing out big time. I have paid all the deposit and fees towards the house. Please advice, I was thinking of making him an offer to buy me out.

Tweety 4 Jan 2013

After 25 years of marriage I found out in July 2012 that my husband has been cheating on me I was willing to forgive & forget as I still love him, we both agreed to live together but apart his idea and do our own thing, as he said bungalow best for me plus he's my registered carer as I have secondary progressive ms, plus bipolar 2 & lost my sight in right eye after my last relapse where I had a nine & half week stay in hospital, discharged 17/12/12 when he confessed he has now met someone very special & wants to move on & keeps telling me to do the same. I'm not ready or even interested in meeting anyone, just want to get better again but now he keeps saying as soon as I'm well he either wants to buy me out of the property or sell it splitting everything 50/50 seems totally unfair when I'm not the one who cheated plus our home was built around my needs re my ms progressing, I lost my job due to my ms, so can't afford to buy another property, yet he's fine earns £45,000 per year plus his new partner works full time, I've been told due to my circumstances I could go for a 60/40 split to enable me to buy a place of my own mortgage free is that correct please let me know where I stand as all this is making me ill & affecting my recovery from last relapse. Regards Shelley-Anne Ponton.

bre 3 Jan 2013

my husband and myself seperated 5 months ago he went and met another woman behind my back after 23 yrs af marraige so i kicked him out but since asked him back but he wont he wasnt in a relationship with this lady so he says i moved into my flat with my daughter he is not the natural dad when he was in prison i bought my home 2 yrs ago in my name only when he was home as my wage was higher he paid twords the mortage for 2 yrs but not on paper his name is not on any paperwork now he is saying he will want half of the flat im still paying the mortage where do i stand on this please do i need to go to see a solicitor

rob 3 Jan 2013

My wife is speakiing about divorce due to occational drug use om my part...my question is she owns a house by way of another marriage and everything is in her name she wouldnt let met change that and I see why. With no prenumptuals what am I entitled to if anything this will be her third divorse so its fairly easy to prove that that she is the variable...weve been married 18months please respond thankyou for alll you lelp

dongdog 17 Dec 2012

I am currently going through the early stages of separation from my wife. It has been agreed (all very amicabally at this stage) that I will remain in the family home and she will look for alternative accomodation with our 2 children. Can anyone tell me how I stand with this legally? We have no equity in the home to split, so that is not an option. I'm hoping we can remain friends threoughout this process with a separation agreement signed by a mutual solicitor, will she get any help paying rent on the new place, aside from my maintenance payments? She only works part time at the moment and would not be able to affor it without some sort of financial assistance.

pj 7 Dec 2012

My sister has owned her own home outright for 20 years or so and has some savings. At the moment she has a boyfriend who has been living with her for around 4 years and is paying a little towards the household bills, he is self employed. They are now engaged and thinking of marriage, but I feel 'He is after her money', as they don't get on well together.1.If they split up now what is he entitled to?2.If they get married then split, what is he then entitled to, assuming she does not include him on the deeds or join savings?3.Anything she should do or not do to protect herself if they marry?ty

helen 6 Dec 2012

My husband and I split up 18months ago and are already divorced,we have a joint mortgage and 3 kids 16,12, and 8, he has refused to pay any of the mortgage,household bills and maintinece for our kids,yet keeps saying he wants the house sold, my kids dnt want to move,i have been told by my solicitor that I can claim 70% of any equity on the house and claim back his half of payments not made by him,but the house is valued at 80,000 the outstanding mortgage is around 55,000, my question is that if I take him to court where would I stand because by the time house is sold and fees have been paid and I claim my 70% plus claim back his half of payments not made he wont get that much money if any so it means my kids would be up rooted from their home for nothing as he would not recieve hardly any money, I have made him an offer of 2,000 which he refuses , where do my children and I stand?

Mystery 28 Nov 2012

The first property is solely in ma brother inlaws name the second home is on my brother and sister cause if some mortgage issues, now my brother inlaw is pestering to have the second home handed to them, my brother is willing to but he wants my brother inlaw to add my sisters name to the first property. Just out of curiosity can my brother put down my sister as a 75% owner on the second home rather than 50/50???

Dido22 17 Nov 2012

My partner of 4 years as died, his wife was still on the mortgage she now Wants to rent me the home she left 9 years ago or for me to leave Without contributing to mortgage or paying loans.do I have any rights I have just paid the mortgage this month

geoff 17 Nov 2012

will my wife get help towards the mortgage as i wont be able to pay that and rent a place for me? we have a 7 year old and theres 2 step kids that are 18 living in our house?

Ben 17 Nov 2012

Hiya me and my wife live in a one bedroom property i have my daughter 2 nights every other weekend! Are we entitled to another bedroom? Thanks

Nosey 19 Oct 2012

I own my house and my husbands name is on it to,our marriage has been bad for a few years now,I work but she is on the sick,I pay the mortgage and bills and I have asked her if we can sell it and move appart,she will not agree to this,is there anyway I can move on

Bobcat62 13 Oct 2012

I have just received notification from a solicitor that my ex wife is now making a financial claim for a portion of the equity on my house which was the former matrimonial home, she left this property in August 2005 with my four children and moved into a house owned by her mother as her mother owns many properties. Also my ex wife has a three bedroom property which she has had rented out since she moved into to my property in 1999. The house is my sole name and the three bed property is in her name. I am getting married in 9 weeks and my wife to be and her 2 children will be moving into my property once we are married. My question is does my ex wife have a claim on my home if so do I have a claim in her property which we lived at from December 1997 - July 1999?

vanko 11 Sep 2012

Jo napot szeretném meg kérdezni!Elváltam a feleségemtö azt szeretném ha lemondana a nevemröl én nevelem mindketö lányomat!Van e valami kölcség amit nekem kel fizetni?Mert a volt feleségem azt mongya fizesem ki a kölcségeket!Köszönöm.

She 3 Sep 2012

Hi, my wife and I am leaving in a flat for 7 years. Flat was on her on her name in council tenant. Now she is going to buy on her name. What my right will be on the flat?

jeff 30 Aug 2012

Hi having cheated on my wife i left the family home in feburary, shes filing for divorce which is going through- i have moved in with the unnamed woman and she currently seeing a new fella- everything ic ok and where getting on fine- and shes got to the stage where shes had him stay over for one day and being in need of company may want himt o stay over for a fw more days- i know benefits wise if she has him stay over three days in a row her beneifts could change if they are seen as a couple. as i am paying all the mortgage on the family home can i ask him to contribute to the mortgage if he does stay three days a week every week( i know if she moves him in permantly and he is there for longer for six months i casn legaly claim that they now take over the mortgage and we can agree on a lump sum payment) just want to know if i claim anything legally on the three days(the boyfriend lives with his parents is divorced himself with kids and a conversation with the ex, she said that he has said he cant afford to take on a mortgage)!!!!

mct 9 Jul 2012

I split from my wife over 2 years ago when she had an affair. We went mediation where we agreed she would stay in the marital home until it was sold and the take 65% of the equity as she would need this to move forwards and buy another property. I moved into rented. During this time I paid £250 a month towards the mortgage and £250 a month towards my daughter, plus 50% of her clothing and school trips etc.all this despite having her with me 12 days per month. This was agreed at mediation but the document was never ratified by a solicitor. Now 12 months on she has taken the house off the market and has moved her boyfriend into the house. I also have my daughter for 15 days a month. I am still paying towards both the mortgage and my daughter and my ex is being very unreasonable. Further more my name remains on the mortgage so I am unable to buy a new property and am stuck in rented. How have my rights changed? Do I still have rights to the house if I stop paying towards the mortgage and should I still be paying maintenance when we are moving to a week on and week off child care arrangement. Can I insist the house is sold? Can I get my name taken off the mortgage?

Aid 2 Jul 2012

My wife has left after 21 years together. She does not work and has not worked for the last 12 years. We have written a personal agreement and I am paying her £100 per week for our 3 kids. My main problem is she has told the benefits agency that she moved out on 27th Feb, however she only moved out of the home with the kids on 17th June! The child tax credits agency have asked me if this is true. Do I lie about this and say yes so she can keep her benefits, or do I tell them this is untrue?My worry is if she loses her benefits she would only want more money off me. However would I be liable if she was found out?

mojo 29 Jun 2012

My Ex, left me after having an affair, the house we lived in was in joint names, but since she left me over 3 years ago, she has not contributed to any payments of the mortgage, and has insisted the house goes up for sale, and when sold wants 60 / 40 profit, she is now married the bloke and got there own house, why cant i get her to contribute to the monthly payments

shaz 21 Jun 2012

I have left my husband and taken our two children with me my husband and myself own two houses the maritial home and the other house is a rental property. I have moved into a rented accomodation am I entitled to housing benefit.

Sam Editor 22 May 2012

@philsky, that's a tricky situation and one which you should seek legal advice on, you could give citizens advice a call or try a solicitor. I would of thought the csa would take into account that you are paying the mortgage where the children live, so it may be worth a call to them too. Good luck!

philsky 21 May 2012

My wife and myself separated last July. She lives in the martial home with the kids (12 and 16). . I'm currently living in rented accomodation. Last august her new partner moving into the house with her and the kids. We bought the house in 1996 and only got married in 2005. The deeds and mortage are solely in my name. Even though she has started paying the bills she refuses to contribute to the mortage and her partner refuses to pay myself any rent. what are my rights here ? I am currenty paying the mortgage of £440 a month plus now CSA payments of £318 a month.

ink 18 May 2012

My wife wants us to split and she already stated she s single so gonna look 4 another man only been married a yr the house is in her name but I hav payed the mortgage out of my account am I intitled 2 anything ?

leo 16 May 2012

Me & my wife have been married for 12 years & together for 22, around 2 years ago we seperated & I was removed by the police from our council house which I paid the rent for over all the years we had been married, there was no violence involved she just wanted me out because I was speaking to a female from overseas.We got back together around 18 months ago due to family reasons, when I came back I said id pay the rent again only if she had me put down as a paying tenant she has refused.Very unfortunately my wife told me last week that she isnt in love with me anymore & wants me to move out. Where do I stand? can she change the locks & refuse me access whilst im at work ? can she get the police to remove me if I refuse to leave ?

skookum 2 Mar 2012

My wife moved her partner in when I was at work. Even though I headed the tenancy the Police told me I couldn't remain at the property. They also used my mail to access my bank and credit cards spending everything I had. I ended up with no money, they ruined my business and destroyed my accounts. I had 3 years of homelessness and fell very ill. I got help from nobody until the council took pity on me and housed me. They left me in thousands of pounds of debt and spent all my tax money. I am now facing prosecution from HMRC because of the lost accounts. I feel like ending it all as I have nowhere to turn and legally nobody is interested in my situation. I feel I will end up in prison over the tax mess and face homelessness again on release. Why is there nothing to stop things like this happening?

Stevie 28 Feb 2012

Question: Recently seperated from my wife, I moved out and Im paying half the mortgage whilst renting a flat. My wife wants to now move back to her home city, rent the FMH out whilst also renting a property herself. 1) Does she need permission from me to do this? 2) If say the rental income from the FHM is e.g. £600 pcm and she is paying £600 for her new place, do I have claim to any of the rental income generated from the FMH?Thanks

Phill 20 Feb 2012

My wife and I have been married for over 12 years and have two children ( 5 & 8). Iam planning for seperation or divorce on the grounds of irreconciliable differences. However the issue of the property comes into play as i know she will not leave (She made it clear during an mentioned an arguement). I do not intend to give her any money from the property hence i want to sell it and rent an apartment and then divorce her, she has a property which she bought in her own name. Question is will the court ask me to pay her rent i.e mortage if she decides to move into her house or will the court ask me to continue to pay for the rent of the flat or will it question where are the funds from the sale of the house and pay her half of the amount? Many Thanks Phill

Davo 13 Nov 2011

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?

Mum 18 Apr 2011

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.

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