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Need some advice. Naive and a bit clueless ...(3 Posts)
Hello everyone. It's my first time on Legal, so please bear with me, although I will endeavour to keep this brief! I originally posted this on AIBU and on Relationships, but someone suggested I also post on here. I'm in Scotland, if that makes a difference to the legal side of things. This post has focused more on the access side of things, but I need some general legal advice on marital separation. Husband and I had a conversation today, during which he told me that it doesn't matter whether or not my name is on the house, as I will be legally entitled to half of everything anyway. Is this right and does it make a difference? Anyway, here's the original post, as cut and pasted:
Husband and I separated a few months back. He is living with the woman he left me for. We have 3 children. I am a stay at home mum, living in the family home with the children. My husband is a devoted father and sees our girls round here most evenings of the week, plus a day at the weekend. It's great that he's such an involved dad, and I have been happy enough to host the access round here, as I never wanted him to be a 'MacDonalds dad', nor would it be nice for the kids. Reason access has been round here is that I felt it was much too soon for them to meet this other woman, and I wanted to protect the girls from their dad's infidelity. Our eldest is 12 and I feared it would be damaging for her. Funnily enough, husband has been happy to play along, as I don't think he was ready to tell them either! It has all been amicable for the most part.
Thing is, family home has now been sold and the girls and I are moving. Same city, just a different area, to be closer to school and to live in a place with a community feel, like I've always wanted. I was always clear with my husband that when I moved, I would no longer be prepared to host all the access. I explained that the new place would be my territory and my fresh start. How could I move on when my he was still in my life constantly. The lines were bound to be a bit blurry while still at the family home, but I wanted clear boundaries when I moved. I also accepted that in order for this to happen, I was willing to allow the girls to meet Linda (his girlfriend), as enough time would have passed by the time we move.
Now that we have put an offer in on a house, and I have stood by that rule (not easy, when I'm 'just' a SAHM and he's the powerful career person), his toys are being well and truly thrown out of the pram. He is complaining that Linda lives in a 1 bed flat, so how can he possibly accommodate overnight stays (in due course)? Where would he take them weekday evenings, as it's too far to their flat? I have had to harden my heart a bit (not easy for me) and explain that it's not my problem and that he has had months to find a solution. He went mental. He will not accept that he may end up having to see a bit less of the kids through the week. For the first time, I can see that we're probably not going to end up as amicable as I'd hoped.
Forgive me my ignorance on legal matters, but he's threatening to have the house in his name only, as he will be the one paying the mortgage. But what about my security long term? I can see that I'm going to end up feeling like the lodger. After 18 years of marriage, all he cares about is his children. I am glad about this, but saddened for myself.
The past few months have been difficult and have taken an emotional toll on myself. He makes persistent sexual advances towards me, his moods change like the wind, he makes constant digs about how I don't contribute financially and the pressure is all on him. This I accept, so have committed to be in work by August, when our youngest starts school.
I feel like he has all the power, because he is the one paying for everything. Am I right to stick to my guns and refuse to host access in the new place? I am very fond of my ex on the whole, but the thought of never being free makes me feel slightly queasy.
I should probably have made him make his own arrangements to see the girls in the first place, when he moved out, and he'd have had no choice and thought nothing of it. I didn't have the strength at that time though. Now he has come to expect me to host his access to our children indefinitely.
I cannot tell you how much I would appreciate any responses, because at the moment I'm thinking 'is it just me?...'
Thanks so much in advance.
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When everyone on the other threads told you to seek legal advice I think they meant that you should go and see a solicitor!!
There are often solicitors on here but you really do need to go and see someone about this situation to protect yourself and the children.
Make an appointment ASAP most will let you have a 1 hour session free
Not sure there are many regular Scottish family lawyers on these boards - go and get some proper advice
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