Separated 20 years, but house in joint names.Could he claim a share of sale proceeds?

[Vitamin33]

My friend has been separated from her husband for 20 years but house is still in their joint names, but he said when he left the house was hers and he wouldn't claim. My friend has paid the mortgage throughout and now wants to sell, but could her hubby decide he now wants a share of the proceeds? If so, could she by the same token claim a portion of his assets? She does plan to divorce him once she's sorted out the finances, but wants to avoid solicitor costs. Thanks very much in advance for any comments/suggestions.

[MIKE770]

did she get it in writing???

[Vitamin33]

did she get it in writing???

No, it was just a verbal agreement/conversation before he left. Thanks.

[SandraF]

Parties who separate after marriage either a short marriage or long marriage and they agreed between themselves that no claim will be made on the house, savings, investment, pensions etc, is only an agreement and cannot be enforced because it needs the seal of the courts. This is why is so important that after separation, the agreement is inserted into a consent order for the seal of the courts. If this has been done, there will not be a worry after 20 yrs because you have closed the back door. He could still make a claim but this needs to be negotiated between them. He will not be entitled to 50% as your friend should be compensated for paying the mortgage for 20 yrs. Any questions, come back to me.

[MIKE770]

Parties who separate after marriage either a short marriage or long marriage and they agreed between themselves that no claim will be made on the house, savings, investment, pensions etc, is only an agreement and cannot be enforced because it needs the seal of the courts. This is why is so important that after separation, the agreement is inserted into a consent order for the seal of the courts. If this has been done, there will not be a worry after 20 yrs because you have closed the back door. He could still make a claim but this needs to be negotiated between them. He will not be entitled to 50% as your friend should be compensated for paying the mortgage for 20 yrs. Any questions, come back to me.

I use to pay a mortgage and always did, but the OH paid one and I ended up out of pocket on the split (i was the innocent party to) they had more than my share

[Vitamin33]

Parties who separate after marriage either a short marriage or long marriage and they agreed between themselves that no claim will be made on the house, savings, investment, pensions etc, is only an agreement and cannot be enforced because it needs the seal of the courts. This is why is so important that after separation, the agreement is inserted into a consent order for the seal of the courts. If this has been done, there will not be a worry after 20 yrs because you have closed the back door. He could still make a claim but this needs to be negotiated between them. He will not be entitled to 50% as your friend should be compensated for paying the mortgage for 20 yrs. Any questions, come back to me.

Thank you for taking the time to reply. He left her for someone else and so he may have just said this to get what he wanted. Time will tell. Yes, in hindsight she wishes she'd had it put in writing.

[Vitamin33]

I use to pay a mortgage and always did, but the OH paid one and I ended up out of pocket on the split (i was the innocent party to) they had more than my share

Sorry to hear that. A big blow. Not sure what will happen with my friend. Indecent behaviour often pays, sadly.