Welcome to Just Answer
I am a Solicitor and will assist you.
Please may I ask:
- how long have you been married?
- what is the equity in the house?
- are there any other matrimonial assets including pensions?
- any minor children?
- what is the respective earning capacity of both of you?
There is a set process for dealing withe the matrimonial assets should divorce take place.
The first stage is where yourself and your husband would have to exchange full and frank disclosure of all of the matrimonial assets. This includes all assets and liabilities including the house and pensions etc.
Once this stage has taken place discussions can then take place in respect of division.
The normal starting point for a lengthy marriage (which is usually around 5 years +) is a 50 /50 division of assets. The Matrimonial Causes Act sets out factors to be considered from departure of equality. Such factors include the earning capacity for both of you for the future, future health needs. The factors do not look at contribution.
In respect of the property - even if there was a deed of trust to say that the property was yours (although there wasnt) then a family court judge could overrule this - as they have a very wide discretion. It is sometimes possible for Judges to agree that pre marital assets can be ringfenced - but this is usually only possible if there are other assets which will help meet the other parties needs. So if you can argue that needs can be met from the other assets then you may be able to ring fence the house for you.
Best option for you - if divorce is contemplated - is to refer to family mediation. Family mediation will help you both through disclosure and also discussions about division. There are lots of family mediation services and there will be one local to you. Mediation is flexible so you can argue in mediation that you should receive a higher recompense for your share. If matters can be agreed at mediation - then this can be drawn up into a consent order and submitted with decree absolute for judicial approval. If approved by the Judge this becomes legally binding.
Let me know if I can help you further
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