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Can I hiave some legal advice RE selling a house in one person's name

(5 Posts)
gudyjarland Thu 23-Jul-09 08:01:05

Hi all,

I need some advice for a friend who is leaving her husband.

8 Years or so ago she bought a house which has only ever been in her name. She used an inheritance to pay for about 75% of the house and got a small mortgage in her name only. She and her then partner moved in and 3 years ago they married.

She is now in the process of leaving him.

Does the fact that they are married automatically give him a right to half of the proceeds of the house?

Since she bought the house he has contributed around £40 a week towards bills and food but hasn't paid into the mortgage as such. However the mortgage is tiny.

He has got leagal aid as he is on incapacity benefit, she is paying for legal advice as she earns a good salary.

They have no children.

TIA

ChopsTheDuck Thu 23-Jul-09 08:06:05

He wouldn't be very likely to be entitled to half, but he may well be entitled to some. The court would likely consider that his contribution enabled her to pay for the mortgage so he contributed indirectly.

She needs to talk to her solicitor, she may be best offering a small settlement.

missingtheaction Thu 23-Jul-09 08:19:37

It is easily forgotten that marriage is a legal contract, and contains the promise 'all that I have I give to you...until death us do part' or whatever your version of that was. Paul McC said that to Heather Mills, voluntarily. Technically the house is shared property; and technically the court could also award spousal maintenance from her to him as she has been supporting him during their marriage! Unlikely though.

babybarrister Thu 23-Jul-09 10:47:02

Message withdrawn at poster's request.

gudyjarland Sat 25-Jul-09 19:45:04

Thanks. I think she wants to get out quick and buy him out at half the valued cost of the house. Her Solicitor has said (since I posted this) that she is better off coming to an amicable agreement with him if she can but that if she wanted she could go through the courts and most likely he would only get a small percentage of the equity rather than half. Looks like she is just going to buy him out though.

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