​Home from abroad

Q. I was married in the United States to a US citizen. Things aren’t too good, and I wondered how I would go about obtaining a divorce, especially in so far as the children are concerned. Would they be able to stay in England with me, or would they go to the United States with my husband?

A. It depends very much on where they usually live. Under the Hague Convention, to which the US is a signatory, the principle is that matters concerning the custody of a child are most appropriately decided in the place of the child's habitual residence. So if, for example, they go to school in the US, a court in this country may decide that it cannot hear an application for a residence order. You should see a solicitor specialising in this area urgently.

Stupid Cupid

Q. Two years ago my girlfriend left me and went back to her husband. While she was living with me I let her put her name on the deeds to my house because she said she would never leave me. I put down nearly £30,000 for the house and she never contributed to anything. But now she is trying to get money from me in return for taking her name off the deeds.

A. You will probably have to give your ex-girlfriend something to get rid of her. The alternative would be to go to court for a decision on the true ownership of the property, with all the expense that that entails. If you have cast-iron proof in the form of bank and mortgage statements that you paid for the house and that she made no contributionwhatsoever, then you may be able to convince the court to award her nothing. But such cases are rare. The better your case the less you will have to give her, but the starting point is that, as a joint owner your ex-girlfriend could expect a 50 per cent share of the equity in the property. Assemble your evidence and make an appointment to see a solicitor.

Rights and responsibilities

Q. My girlfriend got a house and I did it up for her and our baby, taking out a £3,500 bank loan to furnish it. She got a loan for half that amount but spent it on herself and our daughter. But we only lived together for six days before I was sent to prison. She has now ended our relationship. What can I do to get my money back for all the things I bought?

A. What you bought belongs to you, and you are entitled to remove it from the house when you leave prison, or have someone remove it on your behalf now. However, as well as rights you also have some responsibilities – to your daughter, for example, and to the people that lent you money. Instead of worrying about what you’re owed from the relationship it might be more positive to consider what you owe your daughter.

Will Giles is a partner and head of the family department at Nash & Co Solicitors LLP, Beaumont House, Beaumont Park, Plymouth. Tel 01752 664444 or email law@nash.co.uk Website: www.nash.co.uk

If you have a legal problem, write to You and the Law, Room 101, Western Morning News, Brest Road, Derriford Business Park, Plymouth, Devon PL6 5AA, or leave your query on our Legal Adviceline 0117 964 4794.