I have decided to divorce my husband after discovering that he had been having an affair for years but plan to file him for a division of our marital property first . We have a bank account in joint names and he has one just in his name. I have been looking through his papers and found a statement from his private account. I was shocked to see a monthly payment to a mortgage bank . We do not have a mortgage on our home. When I confronted him he admitted that this was for a studio flat in an apartment hotel – for his mistress. I do not know whether it is in her name or his and whether he alone is paying for it. My question is when the court decides our case will I have any rights in this studio flat ?
By: דיאנה שאלתיאל•Published on: 27 June, 2022In principle, a wife has rights in property acquired during the course of her marriage, even if it is in her husband’s name. This principle applies to a studio apartment bought wholly or partially by her husband during the course of their marriage – even if it is registered in a third party’s name (e.g. the mistress’s) providing she can prove that he invested money in its purchase . Her rights in it will depend on the degree to which her husband contributed towards the purchase of the property – and her success in proving this .