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Relationships

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Original poster

Claim on the house?

21 replies

ImJustMadAboutSaffron · 09/02/2022 22:37

Someone I know was bought out of the marital home by his wife who then put the house in her sole name. He then returned to live there and has been living there for some years but they're not a couple, but aren't divorced (apparently neither of them will pay for it). They've both had other relationships since too.

He does things to the house, and contributes financially towards the bills but not the mortgage. She's said that he thinks he's now entitled to half the house, should he decide he wants to go, or she does, etc. I think she wants to protect her interests. There aren't any children under 18.

OP posts:

ClaudineClare · 09/02/2022 22:54

If they are still married I think he will be entitled to half the house.

peboh · 09/02/2022 22:57

So the idea of 50/50 because they're married isn't necessarily true. If they can't come up with a solution between them, then it will be up to the courts to decide how to split it. It could likely (given all the circumstances) go in the wife's favour, due to her paying more mortgage payments. He may be entitled to a share of what he's put into the house ... but 50/50 isn't a guarantee.

ClaudineClare · 09/02/2022 22:59

Actually reading your post again it might be more complicated. Legal advice needed I think!

ClaudineClare · 09/02/2022 23:01

I wonder if the fact that she originally bought him out of the property will have a bearing on things? They have made their lives very complicated.

Original poster

ImJustMadAboutSaffron · 09/02/2022 23:04

@ClaudineClare

I wonder if the fact that she originally bought him out of the property will have a bearing on things? They have made their lives very complicated.

I know, it's a bit odd. I recall he moved in with a girlfriend and it ended, she chucked him out and he had nowhere to go and she offered him the spare room and he has been there for about six years now. Perhaps if the relationship had worked they would have divorced, but they never got around to it. They've both said if he/she won't pay for it why should I? Also I think he can't be bothered to go and find somewhere else.

OP posts:

TheVanguardSix · 09/02/2022 23:10

Yes. He is absolutely entitled to a share of the house.
If they had divorced and had a consent order in place, then of course he would not have any stake in the house all these years later.
But as it stands now, they are married, he has rights, as does she, to the property. Even if it is in her name, it is their matrimonial home and doesn't belong to one or the other. If they were partners, that would be different. But unfortunately, this is the sting of remaining husband and wife long after the marriage is emotionally over. People stay because it's convenient and divorce is traumatic, expensive, and painful. But divorce and securing that consent order is exactly what safeguards your future... so that you don't find yourself in this situation.
The starting point is 50/50 but a judge may decide differently and possibly lean more favourably towards the wife, taking all factors into consideration.

TheVanguardSix · 09/02/2022 23:16

I wonder if the fact that she originally bought him out of the property will have a bearing on things? They have made their lives very complicated.

Yes, I'm just sort of wrapping my head around this too!
What a hot, sticky mess. Why do people do it to themselves?
I have a gut feeling he'll still have a claim on the house because of the fact that they are married and they live in that home as a married couple (even if it doesn't feel like it).

Justkeeppedaling · 09/02/2022 23:24

I wonder if the fact that she originally bought him out of the property will have a bearing on things? They have made their lives very complicated

I wondered whether she hasn't actually "bought him out of the house". If they are married, isn't any money either of them owns considered a joint asset? So moving it from one bank account to another wouldn't have made any difference.

WhereDoesThisToiletGo · 09/02/2022 23:31

What happened to the money he received for his share of the house?
The wife surely has a claim on that?

Original poster

ImJustMadAboutSaffron · 09/02/2022 23:58

@WhereDoesThisToiletGo

What happened to the money he received for his share of the house? The wife surely has a claim on that?

He spent it all, as far as I am aware. He moved in with his girlfriend and then when they split up, she kicked him out. He had no claim on her house from what I know (I know the wife better than I know him).

I don't know why people complicate things like that. I think she allowed him back whilst he sorted himself out, but he never did, and now he doesn't work so he is not able to buy anywhere.

OP posts:

dottydaily · 10/02/2022 00:03

Did the deeds of the house change to her name only? If not he is entitled. He may of been paid off Morgage entitlements and the payment was her responsibility..but if deed was not updated,there is a problem

GreenLunchBox · 10/02/2022 00:07

He could just pretend they reconciled

She was very stupid. How penny-pinching do you have to be to not divorce because the other party wouldn't pay for it Very false economy

Original poster

ImJustMadAboutSaffron · 10/02/2022 00:15

@dottydaily

I don't know for sure but I know she took out a remortgage and had a mini-extension.

I couldn't live with anything as ambiguous as this.

OP posts:

Mumof3confused · 10/02/2022 00:23

She needs legal advice. If he is not working, she could be in real trouble.

However, if they have been genuinely separated for 6 + years, money changed hands and presumably the paperwork is there to prove it, this would all be taken into account. Assuming they get on well enough to work with a mediator as opposed to taking it to court, she may be ok to keep most of the house. But the fact that he isn’t working is a problem if she wants him to move out and he can’t house himself.

Bouledeneige · 10/02/2022 01:05

I can't believe she didn't protect her interests - either through divorce or not letting g him move back in. It doesn't necessarily need to cost much to get divorced. She's daft.

Monty27 · 10/02/2022 02:28

A divorce after all that time wouldn't cost much.
However of a financial agreement has to be reached that could be another matter. The lawyers will love it.
Jeez wouldn't like to be in her shoes. 😲

MooseBeTimeForSnow · 10/02/2022 02:32

Does she realise what will happen to her assets if she were to die whilst they’re still married?

2DogsOnMySofa · 10/02/2022 07:33

It depends, if it was done via a solicitor when she bought him out and signed a financial order then no. But if it was an agreement between them both he may have a claim on it unless she can prove it all. It'll have to go to court, but she's still on a dodgy wicket.

What a shitty man he'll be if he tries to claim half tho! No wonder she wants a divorce. Ok he's done some diy etc but has still been living rent free and she took him in when he had nowhere to go

shouldhavewouldhave · 10/02/2022 09:22

I feel sick reading this.
I have a bad feeling he is entitled to his half again unless they did the original buying out of his half through a solicitor- which I assume they didn't as that would have cost more than a simple divorce which I think is only £1,500 ish.

Justkeeppedaling · 10/02/2022 13:41

@shouldhavewouldhave

I feel sick reading this. I have a bad feeling he is entitled to his half again unless they did the original buying out of his half through a solicitor- which I assume they didn't as that would have cost more than a simple divorce which I think is only £1,500 ish.

I agree. I suspect she gave him a cheque for £100k, or whatever, and then considered the house hers.

If I were her, I'd start divorce proceedings immediately, she may still lose some money to him, but it's better to get it sorted out so they are both starting again with a clean slate.

What does her will say?

AgentJohnson · 11/02/2022 16:45

She didn’t buy him out, she just gave him a wedge of cash without documenting why. I’m sorry but I don’t have much time for someone this lazy/ stupid.

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