My ex husband claiming half the house, although I paid for it all

[hellie]

Hi

I owned a house before marriage. After marriage we took out a mortgage jointly and built a house. I then sold my previous home and used the proceeds to pay off the mortgage. During the time we had the mortgage I paid it every month from my salary.

My marriage has ended due to domestic abuse. I had to leave with the kids one night and go a friends house in NI for safety. I stayed there and the kids started school. That was a year ago. My husband then vacated the house and moved abroad. The house is now used by me and the kids for weekends and holidays but we regard it as our home and will eventually move back there.

Can anyone advise me what to do. My ex husband thinks he is entitled to half the house, eventhough I paid every mortgage payment and eventually cleared off the full mortgage with proceeds from sale of my previously owned house.

Also, what are my rights given that I am living elsewhere for work purposes, while still calling it my marital home?

 

[mf1]

"Can anyone advise me what to do."

Go and see a solicitor, discuss your predicament and consider looking for a Judicial Separation. If you and your ex husband cannot agree on what to do, a Court will make orders for you.

If the property is owned jointly, then yes, he has a considerable claim on the property. You gifted your money into your marriage.

The abuse is regrettable but it is unlikely that it will materially affect the distribution of assets in a Judicial Separation case. Of more relevance is your individual financial circumstances and the maintenance and welfare of the children.

mf

 

[hellie]

Thank you so much. In your opinion would a court take contribution by me into consideration at all?

And what do you mean by 'Of more relevance is your individual financial circumstances'

Thanks
H

 

[mf1]

'In your opinion would a court take contribution by me into consideration at all?'

Yes.

'And what do you mean by 'Of more relevance is your individual financial circumstances' '

What it says - how much do you each have in savings, how much do you each earn, how much do you each spend on outgoings, how much do you each owe in debts etc.,etc.

mf