Divorce

[warpig1]

a friend of mine is getting divorced. 10 years ago she bought a house (before she met her husband). 5 years ago she married and she and her husband have two houses jointly but she kept her original house as a rental property. She is happy to split the profits of the two jointly owned houses with her husband but he also want half the equity of her original house even though he had no input to it financially and he is not named on the deeds. Can he do this and where does she stand?

[bonnie&clyde]

Hi. I studied law and am a bit hazy but, I think what the husband would have to prove is that he has a beneficial interest in the house. To do so he would need to be able to prove that there was an agreement between the two whether it be financial or otherwise, that he had an interest in that particular house. For instance did they discuss the ownership of that particular house in any way, either written or verbally? If there was an understanding that the house was only the wifes then he doesn't have a leg to stand on. However, if there ever was any discussion and it was even suggested he would have joint ownership of the house, then there could be a problem. However, if no discussion ever took place, then judging by what you have stated I don't think he would have a leg to stand on. But, I would suggest that you research 'beneficial interest' and find out any recent articles written. I don't suppose your friend is a member of UNISON is she? The only reason I ask is I know UNISON members are eligible for a FREE half hour telephone consultation with a Solicitor!