Can my Ex force me to sell my Flat?

[samj23]

My Husband and I are getting divorced after 7 years of marriage. 5 years Before we got married I bought a Flat and the Mortgage and deeds are solely in my maiden name as the flat was mine before marriage. He never contributed to the flat mortgage payments in anyway.....I have always (and continue to do so) paid the mortgage...I live in the UK. All the household bills come out of my bank account using my salary. My Husband is pushing me to sell the flat and to give him half the profit - forcing me out of my home...can he do this?

[WoWo]

In short no.

If he was named on the deeds then he could force a sale, as he is not he basically has no say in what you do with the property.

I would advise you contact CAB or better see a solicitor, a quick letter from the latter should shut him up.

[themas]

Was the flat the marital home? If not (i.e. if you lived elsewhere as a couple and let out the flat) then he should have no claim on it.

However, if the flat was the marital home then he may be trying to argue that he has built up a beneficial interest (BI) in it. This can be done in some circumstances without the person being on the legal title, but on the facts you state it seems unlikely that he would have a BI because he has made no contribution at all to the finances of the flat. If he has one at all, I don't see how it can possibly be 50% - he should certainly have no claim to any equity that arose in the 5 years before you married.

Part of your divorce will be to arrive at a financial settlement and your divorce solicitor should be able to advise you on this.

[skipy]

Under scotish law i think he could RE co hab law in
england his name has to be on the deeds as this is not the case i shouldnt worry.
wowo is right go and see a good solicitor

[ilovetohelp13]

You should consult a lawyer for help.