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Divorce - House sale entitlement for stay-at-home spouse ?(8 Posts)
A relative is in a serious relationship with a partner who is going through divorce. The partner was a long-term stay-at-home husband who did the cooking, cleaning etc. No kids involved. Decree nisi yet to be signed. Marital home is to be put up for sale. No lawyers involved. The stay-at-home husband thinks he is not entitled to anything from house sale as the house is not in his name and he didn't pay anything toward the mortgage. Is this correct? Grateful for any insights!
no that isn't correct, but what is appropriate will depends in a number of factors such as length of marriage, salary of spouse, other assets, pensions etc
he would do well to book a consultation with a local solicitor - many do a free initial meeting to drum up business.
If the wife is a VERY high earner, spousal maintenance might also be in the frame. And sharing of pensions/savings is also possible, indeed more likely.
Length of marriage, and whether he was previously working, also significant.
The stay at home parent sacrifices their time to allow the other person to earn and develop a career. The stay at home parent therefore has a claim of economic disadvantage. This is case in Scotland
This was a stay at home husband not parent?? Why did he never work?
In law he is entitled to a share of martial assets and it works on needs. He is unlikely to walk away with nothing unless this was a very short marriage. He may feel morally that he has no claim if it was a year marriage and during that time he chose to sit at home and not work so made no contribution.
I would caution your relative as they are in a "serious" relationship with a man who is married. Not very wise.
Thanksfor the input, everyone. The married couple were together for 25 years and married in 2011 - so married 8 years. He was working prior to the marriage and for 2 years after. The decision for him to become a house-husband was mutual; this decision was originally because he suffered a mental breakdown due to the type of work he did. It continued because it also suited the wife to keep the arrangement that way.
I couldn't agree more re cautioning my relative and have done so.
He would be entitled to assets, likely to 50:50 and potentially spousal maintenance however I wonder of his pension offsets equity.
Either your relative isn't getting the whole truth or he is walking away with little because he is vulnerable. Generally it is worth avoiding partners who haven't sorted a divorce.
If he is in England (Scottish law differs) he may well be entitled to even more than half the equity in the house once the mortgage is taken off and possibly spousal maintenance and half his wife's pension. Check they are married as some people say they are but mean just living together/partners which is very very different. You can also buy marriage certificates on - line and your relative should probably buy one for about £11 to check out the new partner and see if he is really married and also pay £3 to do an on line land registry search of the house too to check who owns it, if there is a mortgage etc. and as suggested by others get the husband to see a solicitor.
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