Divorce and property issues

[Terabithia]

If one partner owns a house, gets married, both people live there for a number of years and then get divorced, is the other partner then entitled to part of the property or its value, or is it still solely the property of the original owner?

My friend is in a difficult situation; he owns the house, but his wife has lived there with him for around 15 years. She's been having an affair but he's concerned that he would have to sell the house if he asked her to leave.

Has she contributed to the mortgage? Do they have children together?

No, she didn't contribute to the mortgage or pay rent, and to my knowledge they don't have children together - although they each had children from previous marriages.

Morally on the surface, don't know all the details, I'd say not as much as 50/50 but like Karma says, the law says differently.

If she is his wife ie. they are married yes it becomes a marital asset. Do they have children together?

The value of the property will go into the whole pot to be divided in whatever manner the DJ sees fit depending on number of kids etc, her ability to provide for herself and him to provide for himself.

So yes his home is at risk.

She will almost certainly have a claim on the house if they have lived there together for fifteen years.

I knew someone in a similar situation not so long ago and yes wife would be entitled to a settlement from the end of the marriage. What / how much would be up to courts to decide. If your friend has assets that would enable him to prevent sale of marital home , and pay her out this could be acceptable otherwise if his only main asset is the house then he may have to raise the money against it or sell it. She will certainly not walk away with nothing even if she hasnt contributed to mortgage or any of household bills, as my friend found out a few years ago.

This is why:

1)marriage protects women (it's usually women)
2) separate finances are laughable

In a short marriage with few assets, a VERY high net worth individual, you may see the courts move from the standard 50/50 position on all assets.

Scotland is slightly different.

Yes of course she will be entitled to part of the house. She's contributed in many ways I'm sure.

...with all my worldly goods I thee endow

This turns my stomach. Married 15 years and worried wife will have a claim to "his" house.

The only claim to 50/50 is the fact it's a long marriage.

If the person can prove what they contributed BEFORE the marriage then a judge will consider it as it was not jointly earned. And likely he/she will keep what they brought.

Yes in England, no in Scotland

This turns my stomach. Married 15 years and worried wife will have a claim to "his" house

I’m sure he would rather still be happily married with a faithful wife in the marital home..

It is truly disgusting that someone can have an affair and simply expect 1/2 the house which no doubt, the higher earning suffering victim has worked hard for.

After 15 years however what she is entitled to legally will vary depending on:

1. Was she economically disadvantaged? Ie did she take years out of work to raise children?

1. Did she contribute financially?

1. Is there any children?

1. Does she work? Can she earn more?

1. What can be proved?

Above is my opinion of Scots law. I'm not a lawyer.

I'm actually in a very similar position but my marriage was 4 years 10 months. An important distinction as it is a short marriage. Shorter the marriage the higher the likelihood of making an unequal claim where one party brought more to the pre-marriage table.

An additional point is the spouse whose name the house is not in should regiter immediately with he Land Registry in England their rght over the home as that stops the other person selling and running abroad with all the cash whilst ignoring Enligsh divorce court rulings.

It is called something like registering a spousal right over the matrimonial home - only applies to the house you live in and you must be married.