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I met my husband 21 years ago and moved into his house after a few months. I was still a student at the time so didn’t contribute to the mortgage until roughly 12 months later when I got a full time job. We then split the bills 50:50 as we earned similar amounts. There was approx £50k left on the mortgage when I started contributing. We got married 15 years ago. After the mortgage was paid off we got another mortgage for £50k for an extension. This has also been paid off and we are mortgage free.
Important note to make is that the house deeds are solely in husband’s name! Even the extension mortgage was in his name but we both contributed fairly equally (I paid proportionally less during maternity leaves from work). We have 3 children. 10, 8 and 8.
If we were to divorce, what would happen to the house? Would I have any legal rights to stay in the house? I currently work from home, would this have any impact on me staying in the house? If I have to leave, would I be entitled to any equity? TIA
Replies (1)
Hi Laura,
Thank you for getting in touch with amicable.
Property is normally treated as part of the matrimonial pot, regardless of who’s named on the deed. How you treat the property as part of financial discussions during a divorce will depend on the bigger picture. When reviewing a financial agreement (a consent order), the court's primary concern is that the children’s needs are met, that you’re both houses and have enough to live on and will have enough in retirement. Here’s a helpful blog that might be useful.
I would also suggest that you book a free 15-minute advice call to discuss your situation with one of our specialists who will be able to offer more bespoke advice.
If you and your husband are in the early stages of your separation, you can always purchase a one-hour Joint Advice Service with one of our Divorce Specialists to get some initial advice on your options.
Best wishes, Tatiana