My house(sorry bit long!)

[twinklylights]

ten years ago my dh was killed in a road accident leaving me with 2 small dc.After 4 yrs I received enough compensation to buy us a home outright(we were in rented housing & my dh had no life insurance or anything!)Shortly after I bought the house I remarried and subsequently had another child. My dh doesnt earn very much & we needed an extra room building on for the growing family,so because I had no income as a sahm, we applied for a small mortgage(40k)& had to put the house in joint names. Unfortunately, our relationship is breaking down & has begun to get accrimonious,my dh keeps threatening me that he is entitled to half the house even though I paid for it originally in its entirety.I keep hoping that if things were to go to court that a judge would look kindly upon me in my plight bearing in mind what I had to go through to buy the house originally. I'd really welcome your thoughts.

sorry, cant help but bumping for you.
Hope it all works out OK.

I would guess that he is entitled to part owndership - the part being the percentage of the 40k that he contributed compared to the whole house. So if the house is worth 200k he is entitled to 40/200, so 20% of it. However as you have a dc together the court would rule that you had to stay in the house to look after your dcs until they were 18, and only then would he be entitled to the cash bit. He has by law to pay you maintenance and the 20% he is entitled to , if you got divorced, may well cancel this out so he wouldn't pay maintenance, but would forfeit his right to a share in the house.

I actually thought that oncew you were married your assets became joint and as such could then be split 50/50 in the evnt of divorce. But that is only what I think and I'm no lawyer.

What I think happens is that you get 50/50 on the increase in value since marriage took place.

The fact that he paid the mortgage is neither here nor there since you raised his child

I would have thought that in this situation where not only have you purchased the home but also that you are the main carer you would get the house as part of the divorce settlement.

Actually if it really is getting acrimonious I might consult a solicitor to see if I could have the house put in trust for your original two DC

Actually if it really is getting acrimonious I might consult a solicitor to see if I could have the house put in trust for your original two DC