My position if I move into non divorced partners home
Submitted by purplehaze on Fri, 12/02/2010 - 11:31
I own a home and am thinking of selling and moving in with my new
partner who has been separated for over 2 years but not yet divorced.
The wife left with their 10 year old child and is engaged to be
married to another partner. The child stays 50/50 with each parent.
My partner has a house in his name only and brought it 8 years
before he met his wife. She has never paid towards the
mortgage/bills even when living there but I know that this does not
matter and would not be takeninto account. Is it wise to move in or
could he be made to sell the property on their divorce even though
it is and has always been in his name only. I would like to buy into
his home so it is OUR home but could I do this or would we still
have to sell to pay a divorce settlement on the full price of the
house not just his share? Also would my income/savings be used
in the settlement calculations if I did move in with him? She is
renting a house by the way.
On the breakdown of marriage
On the breakdown of marriage the assets of the parties are divided between them based upon the criteria set out in the Matrimonial Causes Act.
These include among other things the means and needs of the parties with particular reference to the interest of the children.
Courts over the last few years have stressed that settlements must be fair.
In this case, your partner's wife will definitely have an interest in the matrimonial home which at some point will have to be realised.
If you move in to that house, your partner could hardly say that he needs the home entirely for himself. His wife will have a strong argument to say that the house should be sold.
If your partner has the benefit of your income then this would be a factor but only one factor in determining his wife's entitlement.
It is unlikely that you could buy a share of the matrimonial home at this time because in all probability, your partner's wife will have registered her interest at the Land Registry.
However, you and your partner may be able to reach a settlement on the house by using your money to pay off her interest in the house.
You should only do this on the basis that that property is transferred into the joint names of your partner and yourself with your share fully protected by a trust deed.
I must emphasise you must take detailed legal advice before parting with your own money.
icox@s-law.co.uk