Would my husband be entitled to half my house?

Question

I have checked and although my house was in my name when we got married we then changed it to joint names so we could get a remortgage to make house improvements .My husband then used his money to pay of this mortgage. I know itsa long shot and really its a solicitor question but just wondered as me and my children lived in this house at the time I married my husband does that give me a stronger leg to stand on if my husband tries to claim half the house. I know I have to give him the money back but he might try to make things akward for me somehow

The children are mine not his.I owned and built the house 15 years ago, he has only had joint ownership for 1 year. I cannot sell it I run my buisness from it, my only source of income

Indy,[hi] I have rented him my land [rent free] he works oway a month at a time so Im full time looking after his livestock even when hes home [ie I am up at 6 everymorning checking for calves, feeding etc] as well as run my buisness and look after my two children etc

Sorry Im in the UK .Sounds like he owns half my home and Ive given him my land in a tenants agreement !Oh I must have been very clouded or trusting!

Answer 1

depending on where you reside, you most likely have the right to a higher percentage of ownership than your husband. Have a darn good lawyer to protect your home and business.

Answer 2

Depends on the law where you live. From the term solicitor, I assumes you may be in the UK and i have no idea of the laws there. In Texas where I live everything becomes community property when you are married so it would be half his and you would either have to buy him out or sell the house and split the equity. Not all states have this law but many do.

If he paid off the mortgage with his money then yes you should give it back even if not required to. Youre having originally bought the house, is not going to have as much weight as him having paid for it.

As far as law on this you really do need a solicitor to answer that.

Good luck!

Answer 3

He is entitled to 1/2 if you are married that is part of the deal, you entered into a partnership.
This is no different to a woman moving in with a man and then getting married - she is entitled to 1/2.

The fact you have children living in the home will make a difference but may just delay the inevitable. It would probably be ruled that they could be kept in the family home until they finish their education at which point you could be forced to either sell or pay out on his half.

Answer 4

In short yes, legally youre husband is entitled to half your property. He would have been even if you hadnt put his name on the mortgage, but has you have, you just made it easier for a solicitor to argue his case. However you do have certain things going in your favour, i take it that all of the children are living with you? in which case i can not see a court forcing sale. You say he uses your land rent free you should find out the going rates for renting fields your size and start adding up the cost as well as the free labour you are putting in by looking after his livestock your time is also money.
You really need to contact a solicitor as my field is mortgage business not legals. it will be a long drawn out battle but a court will not leave you homless and jeopardise the business that pays your bills and puts food in your mouths. i hope this helps.

Answer 5

Would my husband be entitled to half my house?

Answer 6

Accoording to you, he put improvements into the house and helped pay off the mortgage so I think you're stuck there. If it was only yours and you paid all of the mortgage and put in all the improvements out of your pocket then it might be arguable. But since he can show that he has a financial stake in this property too, it's only logical that he get some money back.

Answer 7

I have looked into this too - look into something called 'Joint Tenants' and 'Tenants in Common' and check the status.

There is something in this that states if one party put substantially more into the house (say 75%) to start with, then equity can be split that way later 75% to 25% BUT I don't know if it applies to married people so don't get ANY hopes up over this,

You obviously have to take his contribution into account as well - but then you have rented your land to him haven't you?

Look into all avenues and do it carefully. This guy is bad for you.

Answer 8

Consult an attorney as soon as possible. Make copies of all financial statements (his & yours) and bring it with you to the consultation. Only an attorney can tell you exactly the law where you reside & what you should expect if there was a divorce. If you pack his stuff up and throw it on the street & change the locks, do you think he will have the balls to call the police and have them re-enter him in your house ? If you really hate him, try that.

Answer 9

I'm not sure talk to your lawyer...and if your husband was a good man he would let you keep the house since you have Kids...I hope you two can work this out for the sake of your kids...the last thing they need is a dragged out divorce b/c parents want to fight to the end for anything and everything...Good luck to you and your kids

Answer 10

Sorry i think he would be entitled to half. I did the same - i inherited a house and then sold it and bought new one in joint names. When we divorced i had to give him half! .