what i am i entitled to if my husbands name is on the mortgage?

[meandthekids]

I have been married for 16 years and we have 4 children. My husbands name is on the mortgage not mine, what am I entitled to if we divorce? Would the house be shared 50/50 legally if we sell? thanks

[Stu Dent]

A 50/50 split is the aim from a starting position, but there are other factors to consider. I will advise from a Scots Law perspective but I am of the opinion that the matter will not change dramatically if you reside in England.

Both you and your husband own property. But what property is individually owned and what is 'matrimonial property'?

If both you and your husband moved into the property with a view to it being the 'matrimonial home' then it is likely to be considered 'matrimonial property'. Matrimonial property is shared property irrespective of who the named owner is.

The law usually looks to divide matrimonial property 'fairly'. But what does 'fairly' mean?

Well, if we are looking for fairness then we have to consider all the facts and circumstances.

The starting point is 50/50. But if it is you who has sacrificed a career to look after the children and you have sacrificed the skills and opportunities that come with a career, you may get 100% of the house (or it's value). This is one example of many that could exist and change that 50/50 starting point.

It's not that complicated, but too complicated to answer as concisely as you probably want. But rest assured, your husband ,being the sole name on the title deeds (as opposed to a mortgage or standard security), is not automatically entitled to 100% ownership of the family home.