Property Split

[Pandapops]

If a friend decides to sell his house, can his wife still claim half after she walked out on him 11 years ago?

thanks

Panda 1 Dec 04

[separation]

Yes his wife can still claim some of it if no final financial agreement, such as a court order or a consent order had been made at the time of the separation.

How much she will get will depend on numerous factors including how long they were married, his and her assets...

[Didwot]

Another point to consider is whether the house is in their joint names, or his sole name. If it is in joint names then she will have to be party to the sale.

[SGKelloe32]

If it is in his sole name, she could stillbe entitled to a share if she can prove she tooput money into his house, it could even bethat she paid bills, for furniture etc.She could get whatever money she put into the house back.

[Didwot]

There are two issue here
1) does she have a fiancial interest in the house. To answer that one needs to know what was agreed about the ownership of the house when it was purchased, if the house is in joint names, and if so upon what basis, and what contributions she has made towards the acquisiton or improvement of the house. Paying domestic bills and buying furniture is rarely enough on its own to generate a beneficial interst.
2) What can a divorce court do. If they are already divorced, and if any final orders have already been made then the court orders are conclusive of the issues they deal with. If they are not divorced and divorce proceedings are commenced then she can always apply to the court within divorce proceedings for a transfer of property order, or a lump sum order, which will take into account her interst in the house or entitlement to claim one. If they are divorced but no orders have been made she can still apply unless she has remarried in which case she loses her right to make such an application.
As to what the court would think is fair depends on all the circumstances