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Property Rights after 8 year seperation?

  • octonash
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26 Sep 12 #357966 by octonash
Topic started by octonash
My partner has been separated (but not divorced) for 8 years and is about to move in with me.

Hers and her husbands house is in joint names, however he has made no contribution to the house since leaving.

She would like to rent the property out, however is worried over what rights her husband has.

4 Questions

A) Does her husband have a say in what happens to the house after she moves into mine?

B)Does she have to give her Husband any of the rent money if the house is rented?

C) What sort of percentage should her husband receive from the house (if sold) which only had 2-3 years mortgage paid when she took it on?

D) Would she be better off divorcing him first? :S

  • NoWhereToTurnl
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26 Sep 12 #357967 by NoWhereToTurnl
Reply from NoWhereToTurnl
Hi and welcome to Wiki,

As your GF has been separated for 8 years she could apply for divorce on the 5yr Separation grounds.

It would be advisable to get everything sorted out before moving in with you. Her stbx will have a financial claim on the former family home but might not contest anything if they can sort it out amicably between them. I presume there are no children to be taken into account.

Best wishes,
NWTT

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26 Sep 12 #357973 by octonash
Reply from octonash
Sorry My Partner has 2 boys aged 11 and 13.
Who are also moving in with me.

If she chooses not to divorce what are his rights?

Thanks

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