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Harris
Harris, Law Specialist
Category: Law
Satisfied Customers: 2851
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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My wife & I are divorcing and my wife is filing .

Customer Question

My wife & I are divorcing and my wife is filing for divorce. We both live in my mothers house which she own outright and the title deeds are in my mothers name. We have been married for 8 years and we have both redecorated the house and made improvements. My salary is paid into my wifes bank account since before we were married. What I want to know is would my wife have any claim to the house?
Submitted: 1 year ago.
Category: Law
Expert:  Harris replied 1 year ago.
Hi, thanks for your question. She has no automatic rights to the home as it is owned by your mother and not you, despite it being the family home.Is there a tenancy agreement, did you pay rent and are there any formal agreements regarding you both being entitled to be compensated for the renovations?
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Customer: replied 1 year ago.
There is no tenancy agreement in place, never has been. We do not pay any rent and we live with my mother rent free. There is no formal agreement in place for compensation regarding the home improvements that we have both made to my mother's house. We only pay our share of household bills and pay for our own grocery shopping. Our youngest daughter who is 8 lives with us Amy my wife's 2 daughters from her first marriage also lives with us.
Expert:  Harris replied 1 year ago.
Thank you. To reiterate, she will not have any claim to your mother's home, unless she can prove you have an interest in it. However, as part of the divorce you will both need to fully disclose your financial positions to each other and there will need to be a financial settlement which meets both your needs and the needs of your daughter. If you wife's daughters were treated as children of the family then she could attempt to claim their needs as well.