Below is the plight of a concerned married woman whose marriage is on the rocks. This is her story:

"Hello Mr. Bishop, I've seen where you have been providing information on legal matters and I think you do a very good job. My story is that I am married and my husband and I purchased a house on the open market through the National Housing Trust (NHT) in 1998.

It was my initiative to get the house as when I first went to my husband regarding same he was very negative, but I went ahead without him and put things in place. He only contributed a very small amount of money toward the deposit ($38,000 to be exact out of almost $300,000), but when the time came for the interview at the NHT, he came on board (he is the co-applicant) and we got the loan. At the time the NHT was giving $600,000 per person. My problem now is that I want to get a divorce because of some problems we're having and he's not willing to compromise.

Do I have the right to ask him to leave? What would the outcome be in terms of sharing of the property in light of a divorce? We signed the loan documents as joint tenants. Also I would like to borrow a home improvement loan from the NHT to do addition, would he need to sign the documents as well? Please advice.

I await your information and thanks in advance."

In response, let me say that if you want a divorce, the law provides that you must be married for two years and be separated for one year. That one year separation can be part of the two year period of marriage. You might wish to consider counseling as it is expected that the parties will make efforts to resolve their difference before going to court for the divorce.

Based on what you have mentioned above, the house is jointly owned by both you and your husband as joint tenants. Your majority contribution is noted but that does not give you a right to ask him to leave. However, if there is an abuse of any kind, you may be protected under the Domestic Violence Act, which has provision for the court to ask one of the parties to vacate the premises.

While I don't have all the details, I believe your husband would have some entitlement in the event of a divorce and settlement of the property rights of the parties. Exactly what percentage a court might declare is hard to say as several factors must be taken into consideration.

I believe NHT would want to have the signature of both parties for one of the parties to borrow money for home improvement. There is good reason for this as NHT can sell the premises if the mortgage or money borrowed for the improvement is not paid back and this would affect both parties. If you have to part, you might wish to delay the improvement until there is a determination as to who will end up owning the house.

You might wish to seek the help of a lawyer before you proceed especially in light of the fact that you are contemplating divorce.

Next week, we will read of the concerns of a frustrated and depressed unmarried woman and her rights under the law.

Keith N. Bishop is an attorney-at-law and partner in the firm of Bishop & Fullerton. He may be contacted by email at knbishop@gmail.com