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are there any legal people who others that have gone through similar experience who can give me some advice.
we have a joint mortage which dh pays, i work part time but don't earn anywhere near enough to keep the house on my own, it is currently on the market but no luck with sale.
i have asked him to move out, as he has told me he doesn't want me and dd anymore, i don't want him either, he has put me through hell the last year, constantly putting me down, caliing me horrible names, threatening to have me beaten up and much more.
he says he won't pay the mortage if he moves out, i cannot pay the mortage and the bills and shopping out of my wages, so said to him that he moves out til the house is sold and pays the mortage. He then gets very nasty and says he would rather the house was repossesed and will also fight me for dd, she is 5yrs old and i am the main carer.
i don't get any benefits apart from child benefit and a small amount of child tax credit.
can someone please give me some advice on whether i am asking him for too much.
Firstly, if he fails to pay the mortgage and the house is repossessed then it will screw up your credit history. Not just yours but his as well which means he will be unlikely to get a loan or mortgage on reasonable terms for quite a long time. It is worth making him aware of this.
Next... if you divorce the court will want to make sure that you all have somewhere to live so he will have to contribute towards your accommodation. This may be a lump sum that allows you, with your income, to buy a house or maintenance each month so you can pay rent or a mortgage. He will not be allowed by the courts to walk away leaving you with nothing and no-where to live. Even if he gets custody of your daughter (which he is very unlikely to do given that you are the main carer) the courts will still want to make sure you have somewhere to live so he may have to pay towards it.
He sounds like a piece of work and although I normally suggest people avoid solicitors I am going to suggest that you get some advice from one. You need someone to tell you what a reasonable settlement would be. Find one that is a member of Resolution. Solicitor's costs can rapidly escalate so make the solicitor aware that money is tight and he/she should be able to keep costs to a minimum.
I need to echo the above advice. Speak to a solicitor about whether you have grounds to apply for an injunction order - following the case of Grubb v Grubb last year there is no longer the need to prove violence. When someone is excluded from the family home the court has the power to order that they still pay towards the mortgage, though that depends on how much money is knocking around.
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