My friend’s husband walked out on her several months ago to live with someone else. Their home is in her sole name as she paid the mortgage, but can he have any claim on the property? They were married for six years.
Your friend’s husband will have an interest in the property as a result of the property being regarded as joint property of the marriage – regardless of the fact that it previously belonged to the wife. Your friend’s matrimonial lawyer will advise as to what, if any, interest the husband could claim in the property and this will involve a number of criteria such as contributions to the marriage, length of marriage and other personal circumstances – including to what extent the husband was dependent, if at all, on the wife.
This is predominantly a matrimonial issue and will require specialist matrimonial advice which your friend will need to obtain in order to agree a financial settlement with her former husband which will include any interest in the former matrimonial home.