ChatterBank1 min ago
Do I have a right to a share in the house ?
3 Answers
Fourteen years ago I divorced my husband. We had two children aged 4 and 2. The 'divorce' was as far as we got. Nothing financial was ever sorted out. We had a mortgage in joint names and still have . He lives in the property with his girlfriend. For 9 years he had no contact with kids ( his idea via solicitor letter which I still have ) , then 2 years contact then dropped kids like ton of bricks AGAIN !! I have never paid a penny towards the mortgage since I left as I couldn't afford to as I have never had so much as 1p from him with regards to child support for the kids. ( its complicated.. he gave up job so as not to pay then had heart problems and gets invalidity so can't touch him ) I couldn't afford to bring them up on my own AND pay half the mortgage. I do understand that if the mortgage payments were not up to date the building society can persue me also for any monies. (It's up to date - I checked ) BUT.... do I have a claim in that house ? Can I ask for my share of any money I might be entitled to ... by the way its only got a �20k mortgage and is worth at todays prices over �100k ? What are my rights and how do I get anything if I am entitled ? ANY advice will be greatly appreciated. Oh, and I never persued this before cos I thought that if I was entitled the kids can have it and now thats why I want to know cos they are older and need money ( oldest just passed driving test :-) ) Thanks to anyone that spends time reading this x
Answers
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For more on marking an answer as the "Best Answer", please visit our FAQ.You need to speak to a solicitor, or at the very least Citizens Advice Bureau.
Before going to either, write down the facts - when you bought the house, how long you lived there, how much you contributed to the mortgage, the dates of the marriage and divorce, his contact or non-contact and support of the children - every relevant detail you can think of.
Before going to either, write down the facts - when you bought the house, how long you lived there, how much you contributed to the mortgage, the dates of the marriage and divorce, his contact or non-contact and support of the children - every relevant detail you can think of.
I think you have a very good case. You will most certainly be entitled to a share of the property and you could even try for more that 50% in leu of his non payment of child maintenance.
It doesnt matter if you have paid nothing towards the mortgage, you are still entitled.
And as the kids live with you and not him you can take him to court and force him to sell the house. He can either buy you out or go to court.
It doesnt matter if you have paid nothing towards the mortgage, you are still entitled.
And as the kids live with you and not him you can take him to court and force him to sell the house. He can either buy you out or go to court.
Thanks very much for taking the time to read and post a message back....... Certainly I will arrange to speak to a solicitor, and hopefully start the ball rolling. I have sat and thought about this and I know that I won't be any better off if I conitinue to sit back and do nothing. Fourteen years ago the CSA awarded me �84 per week for the two kids.......... thats a lot of money over the 14 years, I think that would more than cover my half of the mortgage payments ( thats how I would try and argue my case :-) ........ I'll post back with how I get on .... kindest regards, Michele x