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Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 35054
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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When my parents died they left our family home to my brother

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When my parents died they left our family home to my brother and myself, I then got married and have two children and we all live together in our family home (including my brother) now my husband and I are going to get divorced. Can my husband make me sell the family home? nothing is in his name, he doesn't contribute to the mortgage but he keeps telling me that because we are married now, that he is entitled to a share of it because of work that he has done and paid for to the house. Please can you put me out of my misery and just let me know either way. Would we have to sell the house?
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
How much is the house worth and how much is outstanding on the mortgage?
How old are the children and what financial contribution has he made to the property?
Customer: replied 3 years ago.

Hi clare thanks

the house is worth in the region of £250,000, because it had been left to us, there was no mortgage to start with but it is an old house and needed work doing on it so we took out a £25,000 mortgage and we have around £21,000 still to pay back. Our two little boys are 2 and a half and one and a half, as for financial contribution, he doesn't pay towards the mortgage but we share all the bills. We have just put an extension on, it's on going but he is doing the work and has contributed to the materials needed for it.

How much capital has your husband contributed?
Customer: replied 3 years ago.

Around £2,000 - £3000 for the extension if that's what you mean

Do you and/or your husband have any other assets - and what income do you each have?
Customer: replied 3 years ago.

We have a car, although it's in my name and he has a boat I'm a stay at home mum, so the only money I get is child benefit and child tax credit. And recently my husband who was self employed did his back in, so he isn't working at all at the moment and is claiming employment support allowance so our income (hopefully not for ever has dropped significantly).

As your husband he does indeed have a claim on your share of the matrimonial home - however as long as you are living there and the children are under 18 he will not be able to force a sale to recover his share of the capital - which would not be 50% of your share - or anything close to that
Realistically he may be entitled to between 10% and 20% of the value of the property WHEN the children are 18 (or you cohabit in the meantime)
I hope that this is of assistance - please ask if you need further details
Clare and other Family Law Specialists are ready to help you