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Is He Entitled To Half The House?

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renegadefm | 17:55 Sun 31st Mar 2024 | Law
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My partners friend owns a house that was left to her by her grandfather in his will, so when he died the house became hers. 

She was married at the time, but since then the relationship as broken down, but the husband never actually lived in the house she inherited. 

They are now seperate with a devorce on the horizon, but he has won a case in court and claimed half the value of the house once it's sold. 

But it puts her in a sticky situation as she will be left with roughly £70.000, which is no where near enough for a house, and unable to get help, as she would have too many savings.

Is he really entitled to a house that was basically a gift to her, and he never lived in? 



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"I don't know how the husband and judge sleeps at night."

The law allows the husband to make a claim and he's done that.

The Judge has seen all the evidence and heard the arguments from both sides and applied the relevant legislation as he or she believes to be appropriate.

That is how they can sleep at night.

She will get also get 50% of the marital home then.

Encourage your friend to seek legal advice.  Pontificating on here is of no use whatsoever.  A Judge has made a finding based on the evidence presented to him/her.  You can rage against the system all you like, but it will not change anything for your friend unless and until she has legal advice (I accept she may have had such advice but this is not clear).

There is no marital home, they were renting 

Barry the OP makes reference to mortgage payments 

I was relying on the OP saying they rented in America, split up and she moved in to the inherited house in the UK

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Yes that's correct, she met him in America, as he is American, so they lived there in rented accommodation. 


Then they seperated, so she came back to the UK to be near her sick grandad with her kids. Then the husband came to the UK to be able to see the kids. 

So he quickly found a job and rented his own place. 


But he never contributed a penny towards the house she inherited from her grandad. 


Yet he has now claimed half the house and won the case.


What happens if he gets the money and goes back to America? That wouldn't be right surely? 

Once he gets the money from the house, what he does with it (subject to the terms of any order) is a matter for him.

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