Claim on Former Matrimonial Home

Posted on 1 July 2010 by Vicki


My friend has moved out of his home after his wife asked him to leave due to drifting apart. It is a joint mortgage but he hasn't contributed for 6 months, however he has been paying child maintenance at 20% as asked for by his wife (ex? - they are only separated) As he bought most of the contents in the house, and paid his share of the mortgage up until being asked to leave, will he still be able to claim his share of the house if she decides to sell? Or should he have kept paying towards the mortgage to ensure he keeps his rights to his share?

Vicki

It is possible that your friend may be able to prove he contributed to the upkeep of the house and could make a claim on the sale of the property in the future. Whether it would be successful is beyond the scope of the advice offered here and I recommend that he seeks independent legal advice.

He must bear in mind the mortgage is a joint and several liability, which means that he is still responsible for the maintenance of mortgage payments and is just a liable as his wife if the Lender has to repossess the property and then sells at a loss. It is in his interests to ensure that the mortgage payments are maintained.

Peter

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