News0 min ago
Matrimonial question
Scenario. Man and woman, married with 14 year old child. Mortgage on the house in his name only. Possibly going to split up.
What is the legal position with the house. Can she force him out of the marital home...and stay there with child but keep paying the mortgage or visa versa and he force her out and stay there with the child. Also, if he was to leave, can he force a sale on the property as it's in his name (virtually no equity)
many thanks
HM
What is the legal position with the house. Can she force him out of the marital home...and stay there with child but keep paying the mortgage or visa versa and he force her out and stay there with the child. Also, if he was to leave, can he force a sale on the property as it's in his name (virtually no equity)
many thanks
HM
Answers
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I have no idea legaly but would have thought that even if he is able to force a sale he will still have to provide payment towards accomodation for the child and exwife.
Depending on how they worked their home life ie was she a stay at home wife that didn't work then he may even have to pay maintanace on top of child maintenance.
Things change so much these days that I don't know but logic says he would have to provide reasonable amount for both of them. She may be (in the first instsance) entitled to half anyway plus the boys upkeep. When you are married often whos name is on what doesn't always mean much. Think about pensions... Her name isn't on that but the amount in it is often counted towards any split in assets.
Depending on how they worked their home life ie was she a stay at home wife that didn't work then he may even have to pay maintanace on top of child maintenance.
Things change so much these days that I don't know but logic says he would have to provide reasonable amount for both of them. She may be (in the first instsance) entitled to half anyway plus the boys upkeep. When you are married often whos name is on what doesn't always mean much. Think about pensions... Her name isn't on that but the amount in it is often counted towards any split in assets.
I really only know a little bit about Scottish Law, so this may not be appropriate. My understanding is that the person who has custody of the child keeps the house until such time as the child has grown up. In Scotland it doesn't matter whose name is on the mortgage, it's the matrimonial home and as such is jointly owned.
I think that leagaly neither can be thrown out. However tension could be so bad that he may well want to go!!
As I said as they are married they will split everything including the house in his name, then provision made for the child.
I would be inclined, if I were him, to leave and contribute maintenance and within the divorce settlement get agreement that the house is to be sold and the proceeds split when the boy reaches 18 or something.
By that time the house may be worth a bit more and you may get something back.
As it is, sell it now and you have no equity into another property for either of you AND you still have to provide accomodation/maintenance for the child so you lose out (in my opinion) more than letting them stay.
If it is a case of "it was my houase before so she can't have it" suck it up and get over it. Provide what you have to and get on with building back whatever you think you have lost.
As I said as they are married they will split everything including the house in his name, then provision made for the child.
I would be inclined, if I were him, to leave and contribute maintenance and within the divorce settlement get agreement that the house is to be sold and the proceeds split when the boy reaches 18 or something.
By that time the house may be worth a bit more and you may get something back.
As it is, sell it now and you have no equity into another property for either of you AND you still have to provide accomodation/maintenance for the child so you lose out (in my opinion) more than letting them stay.
If it is a case of "it was my houase before so she can't have it" suck it up and get over it. Provide what you have to and get on with building back whatever you think you have lost.
I assume the house deeds (as well as the mortgage) are in his name only. This doesn't prevent the wife making a claim on the house. She should be advised to register her interest at the Land Registry under the relevant legislation (matrimonial rights).
If the couple can't agree themselves on what should be done then a judge will decide as part of the divorce proceedings. The wife will - assuming they have been married quite a long time - undoubtedly be considered to have an interest in the house. If possible, far better to agree a reasonable split than waste money on solicitors and barristers fighting it out in Court.
If the couple can't agree themselves on what should be done then a judge will decide as part of the divorce proceedings. The wife will - assuming they have been married quite a long time - undoubtedly be considered to have an interest in the house. If possible, far better to agree a reasonable split than waste money on solicitors and barristers fighting it out in Court.
They really need to sort this out between them. There are place that will give advice and mediate. Going to solicitors and fighting over 'rights' will cost £1,000s and no legal aid is available for this type of thing now. Once it goes to the solicitors any value in the house will go on legal fees long before it is resolved.
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