September 24, 2010
Star Features


 

 

Can I sue to get my share in the house?

A dispute last month between a couple has resulted in the wife being forced to leave the matrimonial home where she had lived with her husband for 15 years.

The woman said she has to be 'kotching' with friends and finds it very uncomfortable and depressing.

According to the woman, her husbands children is the reason for the many disputes she has with her husband. They have threatened her that if she returns to the house they will harm her "I am a store clerk and have been married for 15 years to an electrician," the woman said.

pay living expenses

"When I met my husband, he was living with his mother, but he told me he had paid a deposit on a house in Portmore, St Catherine. When we got married, we moved into the house and I helped him to pay all the living expenses. I even gave him money, sometimes, to pay the mortgage.

"My husband, has three sons who do not like me and, at all times, they curse me and call me all kinds of names. We had a dispute last month and my husband's children threatened me, and I had to move from the house. While they were cursing and threatening me, my husband joined in and cursed me too. I have to be 'kotching' with friends and it is very depressing.

"Now that I have left the house, do you think I can sue him to get my share in the house, although my name is not on the title?" she queried.

Although a wife's name is not on the title to the matrimonial property, once the wife can prove she contributed, directly or indirectly, to the purchase of the property, she is entitled to a share in the properly. Indirect contributions include paying r other living expenses, so that a husband has less financial obligations and is, therefore, liable to pay the monthly mortgage.

It does appear that from what you have related, you can benefit from a share in the property. However, you should consult a lawyer who will file a claim in court for your share in the matrimonial property.

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