Ownership of assets after marriage

[SteveR1979]

Long time lurker, but sadly I now need some advice!

So the situation is this.
Couple buy a house, joint names, joint mortgage.
Couple get married and have kids (kids not really relevant to this)
Hubby is caught cheating with a filly from work and promptly booted out of the family abode.

Wife wants to buy Hubby out of the house before the divorce is put through.....plans to remove him from the deeds and remortgage in her own name. He has agreed to this.

My understanding is that even if the house is solely in the name of the wife, the husband is still regarded as having an interest because they are married.

Is that the case, or am I sorely mistaken??

Any thoughts?

Thanks!

[85Carrera]

Oops, seems like you've been a naughty boy ...

Why would you agree to be taken off the deeds though?

You'll probably need to provide for her and th me kids (as you would have done had you not strayed) but I wouldn't be signing over anything until the divorce settlement is done and dusted

[SteveR1979]

Genuinely not Me!!

It's the girlfriends sister and husband.

I'm not married and don't have kids!!

[f1rob]

As well as divorced you need a legal financial break (not sure of the correct term)
Nearly 20 years ago a friend's wife walked out on him an their 2 young daughters
Mate got divorced,carried on living in the house an paying the mortgage an struggled like he'll
Hardly ever heard from the x an she only had sparce contact with daughters who both went to uni but a week after the second daughter left uni he had a letter from the x wanting "her" half of the house now that both daughters had finished education !
Ended up he had to sell the house and give her half, a house he had paid the mortgage on solely for 22 years

[PurpleMoonlight]

Yes it would remain a marital asset.

After he is removed from Land Registry Title he could formally register his interest via Matrimonial Homes Rights Notice if desired.

[Red Devil]

SteveR1979 said:

Wife wants to buy Hubby out of the house before the divorce is put through.....plans to remove him from the deeds and remortgage in her own name. He has agreed to this.

My understanding is that even if the house is solely in the name of the wife, the husband is still regarded as having an interest because they are married.

Is that the case, or am I sorely mistaken??

She can certainly negotiate to buy him out but not before the divorce goes through.

A court cannot make an interim property adjustment order.
A final order is an order made at the end of the financial proceedings.
http://lexisweb.co.uk/sub-topics/property-adjustme...

f1rob said:

As well as divorced you need a legal financial break (not sure of the correct term)

Where there is no agreement: a Financial Order.
Where there is agreement: it is called a Consent Order.
The latter can either be a clean break or include provisions for further payments (e.g. maintenance)
Very unlikely to get a clean break Order where the couple have dependent children.

[spookly]

Red Devil said:

Very unlikely to get a clean break Order where the couple have dependent children.

I did.
Clean break order, 2 kids stayed with me, I stayed in the house. She got a small part of my pension and a modest % of the value of the matrimonial home whenever I decide to sell it. No spousal maintenance payments.
Got very lucky :-)

[Donbot]

spookly said:

I did.
Clean break order, 2 kids stayed with me, I stayed in the house. She got a small part of my pension and a modest % of the value of the matrimonial home whenever I decide to sell it. No spousal maintenance payments.
Got very lucky :-)

If you are caring for the kids shouldn't she be paying maintenance to you? Or was that done as a trade off on the value of property?

[assadahmed]

Simple answer is yes, hubby would still have an interest in the family home. You could still make a claim to the asset as a part of a financial remedy through the court. Whether or not you would obtain anything in the immediate future would depend on a number of factors such as the children's ages, value of property, equity in property.

So, by agreeing to be removed from the title you have not prevented yourself from making a claim to the property.