Divorce

[Cheesefreek]

My friend's husband has left her. The house is in my friend's name. If they divorced, would he be entitled to anything? There are no children involved.

[barry1010]

If he contributed to the upkeep of the home, or his money helped pay the mortgage, then yes, he will be entitled to some equity.
He does not need to have paid the mortgage directly, just contributed to the marital funds that funded the house, utility bills and overall lifestyle of the couple

[Cheesefreek]

Thanks barry - does any contribution have to be proved?

[Cheesefreek]

Also, if my friend divorces him because of adultery (which she can prove) does this have any bearing on his entitlements?

[bednobs]

adultery will have no bearing on entitlements

[barry1010]

Well unless they were living entirely seperate lifestyles, each paying for their own shopping, bills, social life, holidays, cars and so on it would be impossible to prove that he wasn't contributing to matrimonial income. Unless of course he is totally dependent on her in which case she may have to pay him maintenance.
Fault or blame makes no difference on division of assets.

[STIDW]

In England & Wales unless it was a short marriage it doesn't matter whether assets (including pensions) are held solely or in joint names they all need to be disclosed and shared according to a check list of factors in s25 Matrimonial Causes Act 1973.

Usually "needs" comes at the top of the list, or very near the top, but without knowing the particular facts relating to incomes, assets, liabilities, ages, duration of the relationship etc it is only possible to generalise.

[Cheesefreek]

Thanks for all your answers. I suppose she just needs a good solicitor!

[STIDW]

It is a good idea to see a solicitor early on to find out where she stands and what her options are but the best approach in divorce cases is to remain realistic and come to settlement that works for both parties.

The conventional advocacy approach of securing the best possible deal at the expense of the other party not only damages long term family relations, which is best avoided, particularly when children are involved, but also can result in couples spending a good proportion of their assets in fighting legal battles.