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History: Home UK Divorce Forum
Topic:
Forced sale of the house and inheritance (2 Posts)
Started By:
Date:
01 November, 2009 10:27PM
Forced sale of the house and inheritance
ruthyintheair - 01 November, 2009 10:27PM
I am in the process of divorcing my adulterous 47 year old husband (with a 16 year old since last June ) , we had been married since 1999 but together since 1984.

3 years ago I got an inheritance of which 50K went into mortgage and 20K into building utility room, would this be taken into account if I took this to court if the house was sold, so say the equity was 70k, would husband still get half of this although i have a bigger stake in the house?

Am I in a legal position to force the sale of the house if it came to this or indeed could I force buying him out on if I can prove to the mortgage company i can make the mortgage payments.

many thanks
Re: Forced sale of the house and inheritance
davidterry - 02 November, 2009 09:46AM
Well, you have been together since 1984 so the courts would treat this as a marriage which has lasted 25 years. The period of living together before marriage would be taken into account. A marriage of that length would normally be regarded as a partnership in which the spouses contributed in different ways. It would be surprising if your respective financial contributions were equal over that sort of time and it would not matter because the courts look at these things in the round.

Therefore I do not think you can count on just having your inheritance restored to you. It is now water under the bridge and a contribution to the marriage like any other. It may be that a court would take it into account because it was relatively recent but whether it will do so very much depends upon the figures and what is practical. It may not be practical to provide for the future housing needs of both of you if the inheritance was ring fenced. That is the sort of thing that will determine what account can be taken of the inheritance.

Whether you can force a sale of the house and/or buy out the share of your husband also very much depends upon the figures. Possibly the house is too large for the reasonable needs of one spouse or perhaps there is enough equity in it to provide adequately for the future housing needs of both of you. You husband may have a higher or lower mortgage capacity than you. Points like these will in fact determine what a fair solution would be in any particular case. I hope this helps.
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