Is my home at risk?

[Helpinghand1234]

I’ve been married to DH for two years. I owned the house outright prior to marriage, no mortgage. He does not contribute in any way to the home, pays no bills, his name is not on anything, not on the deeds, bills etc.

He’s currently being sued for approx £50,000 by his ex employer. If he looses, is the house at risk? Can they put a charge against it? If he’s declared bankrupt would the house be considered his asset?

We’re currently going through a horrible patch, and I’m seriously considering divorce but it’s complicated as we have two young children, and it wouldn’t be finalised before his court case is resolved.

I’m worried how this will affect the home. Thank you.

Divorce asap

Yes, unfortunately at risk, it's a marital asset now. He might have a claim on house in divorce

If you divorce him he’ll have a claim- you need legal advice.

When my husband went bankrupt my house (he wasn’t on the deeds or mortgage) wqs excluded as he doesn’t own it. But we sre divorcing and it is a marital asset. So it’s not simple I’m afraid.

Marital assets don’t necessarily impact on debt recovery though. My house wasn’t something the insolvency service could touch as husband had no legal ownership of the asset. That’s different to a marital asset that is shared in divorce.
Also in a short marriage there is less of a claim than 5yrs+ although depends how long he has lived there pre-marriage.

No it won't be.

Sorry I should have been more clear- I know the house is at risk during divorce, what I meant was is the house at risk if he looses the court case? Can the court put a charge against the house or if he’s bankrupt can they take the house?

I think not in this scenario having been somewhere pretty similar unfortunately, but the only way to be absolutely sure is to take legal advice.

two years is cosidered a short marriage so that should affect how much, if annything, he'd get in divorce.

As it’s just a two year marriage hopefully it’s not seen as a marital asset in divorce. But I’d divorce him asap.

Why are his employers after him?

You own what you own, unless it was his and transferred to you to avoid claims I’d say it’s safe.

If you start divorce proceedings he may be awarded some and then it’s vulnerable.

Some people seem to think that being married changes the ownership of property. It doesn't. It means he has a claim on the house if you divorce, but it does not give his ex-employer any claim on your house. As he has never owned the house, it is not in any danger even if he is declared bankrupt.

Given that his ex employer is after him for £50k I suggest half an hour with a solicitor might be time well spent

Two years may be a short marriage but the court will include any time that they cohabited before marriage. As they have children it may be many years.

No

Your marraige has no impact on the ownership of your property (since the Married Womens Act )

While you are married you have no legal obligation to use your assets to fund your husband nor pay any debts he may incur (unless the Court order you to do so).

You are not a party to the court case (only your husband is) and the other party (ex-employer) cant demand the Courts take your property (a "legal stranger" to them) to make them whole.

Start divorce proceeding while your marriage is still considered a ‘short marriage’. Get legal advice asap. Don’t sit on this too long.