'In a lot of cases there isn't enough income there for both of them to start afresh'. Who gets the house in a divorce?
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'In a lot of cases there isn't enough income there for both of them to start afresh'. Who gets the house in a divorce?
"I fully expected when we decided to divorce that the house would be half his, even though the deeds were in my name. I had bought it before we met so it was my mortgage, and he would never have been in a financial position to purchase property at any point,"
"When she went for legal advice, she was surprised to hear that in fact, in their case, the mortgage payments her husband had been making during their marriage (at that point she had been paying the mortgage herself for roughly a year) would be considered rent, not ownership."
The family home often prevents divorcing couples from achieving a fresh financial start and can leave them stuck in limbo. A spouse holding the deeds may still face claims arising from the other partner's contributions during the relationship. Contributions such as mortgage payments made by a non-owning partner can be legally classified as rent rather than evidence of ownership or equitable interest. Expectations based on verbal agreements or informal payments may not translate into legal rights. Financial vulnerability of one partner and the legal interpretation of contributions heavily influence settlement options and outcomes.
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