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Legal matters

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House in spouse's name only

29 replies

Retiredandskint · 20/05/2024 16:04

House in spouse's name only even though we've been married for 25 years. It was always a bone of contention that he wouldn't add mine.

Have been told by a solicitor that unless I have contributed to the house (home improvements, etc) I won't be entitled to a share in a divorce.

I worked P/T & earned a low wage, whilst raising the DC, so didn't really contribute that way, although I bought the food & paid for childcare & their clothes.

I did pay for a new bathroom many years ago but not sure I could find the receipts now.

Has anyone experienced similar?

OP posts:
Bromptotoo · 20/05/2024 16:05

When you say 'spouse' are you legally married (or in a Civil Partnership)?

TheFormidableMrsC · 20/05/2024 16:07

I think you need better legal advice. The house is a marital asset.

Retiredandskint · 20/05/2024 16:08

Married 25 yrs

OP posts:
LuckysDadsHat · 20/05/2024 16:10

Was this a trained solicitor? As they are talking absolute bollocks.

The house will be a marital asset and as such you will be entitled to a share. The starting point will be 50/50 on all marital assets including his pension. Get better legal advice.

KnickerlessParsons · 20/05/2024 16:11

I think the solicitor is wrong. As a PP said, the house is a marital asset if you're married, as are any other assets that "belong" to either you or your DH.

Longdueachange · 20/05/2024 16:13

Did your dh fully own the house before you married?

PoppingTomorrow · 20/05/2024 16:14

What country are you in?

Retiredandskint · 20/05/2024 16:15

In England & yes owned it before we married.

OP posts:
Retiredandskint · 20/05/2024 16:16

I thought it was a marital asset but actually read something online saying the same as what the solicitor told me.
I will try & find it.

OP posts:
Cerialkiller · 20/05/2024 16:18

It was owned before you were married but is it the marital home? If no them solicitor maybe right but if you live in it with him then it's the marital home and a marital asset.

Retiredandskint · 20/05/2024 16:20

Yes it's the marital home.

OP posts:
DahliaSmith · 20/05/2024 16:23

You know the solicitor that gave you that advice? Don't use them again. Find another.

prh47bridge · 20/05/2024 16:48

The solicitor's advice would be correct if you are not legally married. As you are married, it is completely wrong. You don't need to show that you have contributed to the house to have a claim. It will go into the pot to be divided between you and your husband if you divorce.

MILTOBE · 20/05/2024 16:49

Was it fully owned before marriage or on a mortgage?

Rocknrollstar · 20/05/2024 16:51

DS discovered her husband hadn’t put her name on the house. When he died she was left a percentage of his estate. She wanted the house so that was included as part of her percentage. Basically, she lost the entire value of the house from her share of the estate.

prh47bridge · 20/05/2024 16:59

Rocknrollstar · 20/05/2024 16:51

DS discovered her husband hadn’t put her name on the house. When he died she was left a percentage of his estate. She wanted the house so that was included as part of her percentage. Basically, she lost the entire value of the house from her share of the estate.

When someone dies, their spouse can, if necessary, make a claim under the Inheritance (Provision for Family and Dependants) Act. The general approach of the courts is to put them in at least the same position they would have been in if the marriage had ended in divorce.

TheFormidableMrsC · 20/05/2024 18:24

Retiredandskint · 20/05/2024 16:16

I thought it was a marital asset but actually read something online saying the same as what the solicitor told me.
I will try & find it.

I am really shocked that a solicitor has told you this and I can only assume they didn't realise you were actually married because the advice would be correct if you weren't. But fortunately you are so you own 50% of that house.

Retiredandskint · 20/05/2024 18:55

MILTOBE · 20/05/2024 16:49

Was it fully owned before marriage or on a mortgage?

@MILTOBE it was on a mortgage. Is now paid off.

OP posts:
ByCupidStunt · 20/05/2024 19:09

DahliaSmith · 20/05/2024 16:23

You know the solicitor that gave you that advice? Don't use them again. Find another.

This.

WorriedRelative · 20/05/2024 19:37

Was this your solicitor instructed to represent you in the divorce or his solicitor or one you were talking to for some other reason?

It doesn't sound entirely right, but there could be some other context.

ByCupidStunt · 20/05/2024 20:44

WorriedRelative · 20/05/2024 19:37

Was this your solicitor instructed to represent you in the divorce or his solicitor or one you were talking to for some other reason?

It doesn't sound entirely right, but there could be some other context.

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TheCultureHusks · 20/05/2024 20:46

ByCupidStunt · 20/05/2024 20:44

The we're we try seatywřwuwywyuwywtwtteyw try a we try try and yí

That’s what I was thinking

Caffeineneedednow · 20/05/2024 20:48

There are ways to ring fence assets ( including properties) aquired before marriage however it does not apply to the marital home.

See another solicitor because as others have said that does not sound correct

Retiredandskint · 20/05/2024 22:32

@WorriedRelative it was a solicitor I was speaking to, whilst enquiring about having them act for me in a divorce case.

OP posts:
TheFormidableMrsC · 20/05/2024 22:43

Retiredandskint · 20/05/2024 22:32

@WorriedRelative it was a solicitor I was speaking to, whilst enquiring about having them act for me in a divorce case.

I'm going to suggest they did not understand your circumstances because their advice is wrong. Please have a look at the Resolution website and choose a different solicitor.