equity rights

[itsypip123]

Does anyone know if I have to give up the equity share I had in my house before I got married once I divorce. My husband is claiming half the equity in my house even though I had a substantial amount in it before we married and he moved in. He now has also bought his own house (we spearated 4 years ago) which is worth more than mine but has vertually no equity because of the house price fall. We were married for 5 years.

[Ethel]

Was his name on the deeds or registered title?

If so, he is a joint legal owner entitled to a portion of the profits.

If not, he may have a beneficial interest if he can prove he treated the house as he would have done if he were the owner and put money in to it. It is more complicated than if he is a legal owner.

[itsypip123]

Hi, thank you for your reply,
I married a man who had a solicitor for a brother-in-law and after a couple fo years of my husband constantly complaining that the house didn't feel like his home, we had a conversation with 'the family' and it was deemed fair by them that I should sign over part of it to him, which I agreed to....so with them standing over me saying it was the 'right thing to do' I signed it. I didn't read the legal bit as I trusted them. His brother -in-law dealt with it all.

[carmalee]

Go and see a solicitor - many of them give a free half hour consultation - if not citizens advice may help but you need to know from an impartial qualified person exactly where you stand before you go any further. Trust me, it will be money well spent. Don't be fobbed off -ask to see someone specialising in this sort of thing. You could end up losing a lot if you act on unqualified or biased advice . If your solicitor relation gave you wrong advice and/or co-erced you in any way he could be in deep trouble.

[Barmaid]

Well your brother in law really should have insisted you seek independent legal advice - he has acted badly.

There is case law that decides that inherited or pre acquired wealth should not be taken into account in divorces, the leading case is White v White (HoL), there is one other after that which is important but whose name I can't remember (will look up tomorrow). However, I won't touch family law so I am probably not the best person to advise.

You really need the advice of someone who specialises in divorce.

[carmalee]

Good advice barmaid - wish I'd known you when my brother's will was totally overturned and his 'live in' lady of eight years has somehow managed to get contol of the estate even though he'd very clearly left it all to his wife -(albeit seperated but on very good terms - her pay-off for giving up her career and raising the kidsduring their marriage) Sometimes it just ain't fair.