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Another question.....

(9 Posts)
Iwantmymaidennameback Sun 21-Feb-16 21:55:26

Have told STBX that he now has to do his own food shopping, cooking, cleaning, laundry and ironing etc, as we are to be seen as separated in order for my claim for JSA to go ahead.
He has "demanded" that, as I am still living in the family home, I should pay him rent.
Is this correct?

ridemesideways Sun 21-Feb-16 22:09:39

What's the situation? Is it owned or rented? Does he own it in his name only? If it's rented, whose names are on the tenancy agreement?

What has been your arrangements with housing costs up to now?

Iwantmymaidennameback Sun 21-Feb-16 22:21:53

House is owned with a very small mortgage left to pay.
My name has never been on the deeds or mortgage so in his name only.
I have been a SAHM for most of the marriage so no contributions to the mortgage as such.

VinceNoirLovesHowardMoon Sun 21-Feb-16 22:30:58

You're married? He can get to fuck.

Jackie0 Sun 21-Feb-16 22:34:03

Stbx what ? Husband ? I hope so , then no , you won't be paying rent .

HeddaGarbled Sun 21-Feb-16 22:40:32

No it isn't correct. If you are married, it doesn't matter that your name is not on the deeds or that you haven't paid the mortgage. It is a marital asset and you jointly own it.

goddessofsmallthings Sun 21-Feb-16 22:44:08

If would have been of help if you'd updated your previous thead so that others can be aware of the backstory.

The fact that you're not named on the deeds and have not contributed to the mortage 'as such' does not negate your legal entitlement to a share of the equity in the property should you proceed to divorce. However, it would be prudent to enter a Notice of Home Rights with the Land Registry which will prevent your h from selling the martial home without your knowledge or consent while you are still married to him.

I suggest you instruct your solcitior to draw up your petition to divorce asap and discuss with him/her the probable division of all assets, including your h's pension pot, acquired during your marriage and whether you are able to meet the payments on the outstanding mortgage or are best advised to seek a Mesher Order, or a deferred charge Mesher, which will enable you to remain in your home until your youngest dc becomes 18 while your h rents/buys elsewhere.

As you're not required to pay rent to your odious h, you can cheerfully tell him where to put his demand.

goddessofsmallthings Sun 21-Feb-16 22:45:52

Duh. Should read 'marital' home but 'martial' is equally apt for your situation, OP.

Birdy72 Thu 05-May-16 17:59:10

Hi all, looking at starting to divorce proceedings due to adulterous ex-husband. I want to stay in the house due to the fact the area I live in, house prices have gone through the roof and I won't be able to afford to buy another property in the area.
Does any body know if there is a difference between a mesher order and a deferred charge?

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