division of home when divorcing

[maco]

My husband and I are going through a very bad patch in our marriage, and I am concerned as to where I stand regarding my home.

Our home is in my sole name, both on the title deeds and with the mortgage company. I already had a property when I allowed my partner to move in with me and he had no assets whatsoever due to being made bankrupt.

I therefore have had to purchase our subsequent homes in my sole name using my sole salary details etc.

Therefore our home is not in his name at all, should we finally split up, where do I stand on this, am I legally obliged to give him half as we married 2 years ago, I did not put his name on the deeds or morgage.

Of course he has contributed towards the bills and food etc., but the mortgage itself has been paid out of my monthly salary held within my bank account - he does not have a bank account of his own due to his bankruptcy 9 years ago.

Anyone have any idea where I stand please - would appreciate any help ?

Thanks.

[woofgang]

See if you can get a fixed fee interview at a local solicitors, they should be able to give you some solid advice on where you stand.

[ShellyHall]

Sorry to hear you're having a rough time at the moment.

I got divorced four years ago and my position was the reverse of yours.  I moved into my then Husband's house - my name was never added to the ownership of the property.

My Solicitor at the time said I could challenge for 50% of the house, but advised against it.  She said it would cost a fortune and at the end of the day in all probability I would get nothing.

We did not have a mortgage on the property and therefore I cannot comment on the legalities.  However in my divorce settlement I was granted reimbursement of all monies I had spent on the property, ie. 50% of what we'd spent on a new washing machine, decoration, conversion works, etc.

Hope this helps.  Good luck for the future.

[lady_p_gold]

I am not a lawyer but I think that it would be no different than if it were the other way round, and you were the husband with it in your sole name and he were the wife.      I think it would all depend on how long you had been married and how much each had contributed to the marriage.  When divorce takes place the Court looks at all the assets of the marriage as a sort of cake and if you cannot agree on a fair settlement then the legal route starts (if you were divorcing I am talking about  .  If you can get a free legal appointment as Woofgang said, it would be the best idea.   

[rach1612]

hello.. It is generally the case that if the sharer of a property can prove that they have contributed towards the house then they are entitled to a %. In my case this was not 50% as the person in question could not prove that they had contributed this amount. also should be taken into account the fact that you owned the house first and the fact that the husband would not have been easily able to get a morgage due to bancrupcy. I would suggest calling Citzens advise who will be able to advise.