Entitlement to equity?

Question

Senario......woman with two sons 9 and 11. meets old flame, divorces husband. Sets up home with boyfriend and sons using she has equity from previous marriaige She puts boyfriends name on mortgage/deeds. Both work and contribute to this mortgage. After 18 months marries the boyfriend.
Question. Is the new husband entitled to 50% of equity in house should this all go wrong???

whoah!!!...Its not me in this situation..its a close friend of mine. He adored his wife...who went off with some man who has a record of breaking up marriages. I hope what goes around ..comes around in her case! Just wanted to know our views as I'm close to the situation so could be biased.

Answer 1

If they are married, then yes he is entitled to 50%.

Makes a change, its usually the women who are the golddiggers. They "sacrafixe" their careers to have children while husband works 26 hours a day and then she expects 50%.

And they wonder why people arent getting married nowadays.

Answer 2

Is it now going wrong I wonder ?

I think your old flame you divorced your husband for... and married... would be entitled to 50% equity no matter if he didn't put initial equity in to purchase.

If you married a guy and didn't put anything toward purchase of house, but contributed to mortgage... looking after kids... whatever... doing the food shopping... whatever... you would prolly be looking for 50% of equity of house and maybe savings come divorce time.

However this is guesswork... you'd best check with a solicitor.

Answer 3

The amount is comingled so badly right in the beginning. You offered what you had as downpayment but no documentation. This is the most stupid move. Should have assigned the money to the children instead.

The new husband can claim close to 50% of the equity. Or he can borrow against the whole property and both of you liable.

You deserve to be had

Answer 4

Tisk Tisk. Depending on the state. You should be able to get the money you from your equity, but anything after that, meaning appreciation of home and everything else would most likely be 50/50. Go onto Lawguru.com and ask them a free question. It's a pretty good site. Be very specific in your question though. Good luck.

Answer 5

If b/f didn't go halves on the buying of the house, he should be entitled to only a proportion of the equity if the house was sold. You really should get some legal advise. This happened to a friend of mine, left her in all sorts of financial trouble when 'it' happened, because she hadn't had the forsight to make provision for the worst happening.

Answer 6

yep the laws changed a year or so back, you only have to live with someone for 6months even as a common law and they get there entitlement,but in the worse case scenario a judge can rule 1 way or the other,and in most cases would rule in favour, of who had the most and whats at stake ie kids welfare and entitlement

Answer 7

if his name is on the mortgage papers, then yes he is entitled to 50% when the property when it is sold, with them separating he can have the courts order a sale on the property and order a division of assets once it is sold. and where the money she used for the down has no baring on the case. she is the one who decided to use the money in this matter, no one forced her.

Answer 8

If someone is on the deed as a joint tenant, then yes, they are 50% owner.

Answer 9

I should have thought so. A bit late to ask now though.

Answer 10

Yep.