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Married but house in my name, does DH have any rights to it?

10 replies

dontdillydally · 17/01/2011 22:45

still married and still together...just wanting to know HIS rights.

House is in my name only, we have 1 child

OP posts:
prh47bridge · 17/01/2011 23:42

If you divorce the house will be regarded as an asset of the marriage and will form part of the financial settlement. The fact it is in your name only is irrelevant. Whether or not you can keep all of the house will depend on whether there are enough other assets to give your dh a fair share.

Resolution · 18/01/2011 00:19

What constitutes a fair share depends on lots of factors, chief among them being the length of the marriage and whether you brought it to the marriage.

But by far the greatest factor is need, and in particular the need of the child to be housed.

Out of (not just) idle curiosity, how much equity is in the property?

dontdillydally · 19/01/2011 21:14

alot! over £100k

OP posts:
babybarrister · 19/01/2011 21:59

This reply has been deleted

Message withdrawn at poster's request.

marriednotdead · 19/01/2011 22:20

I read this thread title and thought of the Alex Reid/KP saga. No dcs so it's not you Grin

Interesting though, I am shocked that those are the rules.

wannaBe · 19/01/2011 22:22

my cousin's first wife left him after eleven weeks of marriage Shock and he was told that she was legally entitled to half his house. (they did not have children together).

Are you thinking of separating then op?

Spero · 19/01/2011 22:26

Agree with others; general principle is that ALL assets of both of you go into the pot to be shared out.

But how that pot is shared will depend hugely on circumstances. For eg, if you bought the house, put down a large deposit from your own money and the marriage only lasted a year, he wouldn't have much of a claim.

But by the time you have been married twenty years, have a couple of kids, you are looking at a 50/50 split of everything as a starting point.

wannaBe, your cousin needs a new lawyer! unless of course 'his' house was in their joint names and they intended to own it equally. If the house was in his name and they had only been married 11 weeks, I do not think she could possibly establish an interest in it.

ButterPieify · 19/01/2011 22:40

DH didn't get the house from his first wife- they were together 10y, married for less than a year before separation, he looked after her + the house so she could work, it was a council house that they rented jointly then bought, but she got the deposit from her parents before they were married and of course she was the main breadwinner + it was adapted for her disability, so she chucked him out (genral breakdown of relationship) + waited for him to get a new girlfriend before divorcing him for adultery.

Nothing he could do. He couldn't deny he had a new girlfriend - by that point I was pregnant. He still says it was his own fault for not just staying in the spare room as basically a free cleaner and pa after they had fallen out of love, but what could he do when her dad and brother chucked him out with one bag of clothes- they are much richer then he will ever be, he had been a carer and househusband for years by then.

She met up with him, made him feel guilty somehow and he signed a document to say he was gifting all the assets of the marriage to her.

Sigh. Not that you expect a 30 year old to own half a house, but it is annoying when he wanks on about how he ruined her life by holding her back or whatever.

Spero · 19/01/2011 22:42

So you would have liked your husband to claim half a house adapted for his first wife's disability?

ButterPieify · 19/01/2011 22:45

No, just not to wank on about how he held her back, I'm not bothered about the house, car, furniture etc, that is between them, I have no assets either, I just wish I didn't have to constntly hear about how she is some kind of saint who could have had so much more if only DH had been a better help.

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