Husband's rights to property

Posted on 7 September 2010 by Keeley

My husband and I have been informally seperated for a month and are still in the stages of making our joint finances single. I am staying in the house with 3 children (2 are his), if I solely pay the mortgage would my husband lose any rights to the property?  If I do this for 16 years (until my youngest turns 18) I will have paid far more than he has.


Whether or not your husband loses any rights to the proceeds of a future sale will depend on what happens over the next 16 years and if he can prove he has contributed in any way to the upkeep of the property.

If you look back at some of the other questions on this website you will see quite a few which deal with problem situations people have had whereby an ex partner either claims an interest in, doesn't help towards meeting mortgage payments, is preventing the sale or trying to force the sale of the mortgaged property. I recommend that you explore the possibility of transferring the property in to your sole name now to prevent any future problems. I would start by talking to your existing mortgage lender and finding out if you fit their criteria for taking over the mortgage on your own.

You also need to speak to an independent solicitor about this and take their advice on how it will effect both your and your husband's legal positions now and in the future.


Answers provided in response to Ask the experts are based on the information provided and do not constitute advice under the Financial Services & Markets Act. They reflect the personal views of the authors and do not necessarily represent the views, positions, strategies or opinions of John Charcol. All comments are made in good faith, and John Charcol will not accept liability for them.

We recommend you seek professional advice with regard to any of these topics where appropriate.

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