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House is in his name but we are married

(16 Posts)
Suffragetteyblahblah Sat 23-Sep-17 11:08:40

Hello everyone, can't quite believe I am posting this but here we go. A split between me and my husband may be on the cards, I am trying to get some things straight to make myself feel less vulnerable. I have worked on and off part time as I am the sole carer for our 2 primary age daughters as he does absolutely chuff all! I attempted working more then realised I was still expected to do all the childcare and all the house stuff as well as work.
The house is in his name on account of me going bankrupt about 6 years ago but he has been paying the mortgage out of tax credit payments. I don't know how he is going to be with regards to leaving me and our girls in the family home but I am anticipating he will be awkward.
Do I have any rights?

Suffragetteyblahblah Sat 23-Sep-17 11:10:03

When I say I worked on and off I mean I have always worked part time since both girls have been in school, tried working full time and that's when I realised I was still expected to do everything.

terriblemistake Sat 23-Sep-17 11:21:07

Hi suffragette - it doesn't matter whose name the house is in - if you are married then it is considered a marital asset and belongs to both of you.

scoobydoo1971 Sat 23-Sep-17 11:40:31

Capital in the house belongs to both of you. If you leave, you can ask the Land Registry to put a charge on the property to prevent him selling it without having resolved divorce settlement. This gives you rights to live there, even if you move out on a temporary basis.

You can call tax credits to change relationship status and assuming the children are coming with you, then payments can be made to you. Before you tell your husband you are going, please see a solicitor to identify your likely entitlement from a divorce settlement.

TurquoiseShine Sat 23-Sep-17 11:55:44

As you are married you are probably more protected that you realise Op. But I really second scooby's recommendation to see a family solicitor, even before you make a decision its useful to know where you stand and will help you make plans should you need to.

Suffragetteyblahblah Sat 23-Sep-17 12:13:14

Thank you all, this makes me feel better. I can't quite believe I have let myself get into such a position but I have started back at part time education in the hope of retraining into something which will provide for us all. I think it was this which has sparked the fall out, he hates that I have any independence. I will see if I can get in touch with someone to get some advice, I'm hoping he will want to resolve things amicably if it gets to that point but he seems to love playing the victim so I don't know if that's going to happen.

Ruddygreattiger2016 Sat 23-Sep-17 19:05:01

You can file a notice of interest to the house with the land registry online, op, thats exactly what I did to protect my claim to our house that was only in husbands name when I instigated a separation. It means he could not sell, remortgage or throw you out.
Be smart and protect your assets because some men will try all methods of ìntimidation during relationships breaking down to make the woman walk away with a lot less than they are entitled to. Don't be one of themflowers

Suffragetteyblahblah Sat 23-Sep-17 19:20:59

I'd like to think he wouldn't do that to me and our daughters but who knows.....

SandyY2K Sat 23-Sep-17 22:05:26

Have you told him you aren't happy?
That it's to the point you're seriously considering ending things.

He needs to know how serious things are.

That's assuming you have any desire to save the marriage.

Suffragetteyblahblah Sun 24-Sep-17 08:11:19

There are some big issues which I have put up with for a long time. He smokes a lot of drugs and spends a lot of money on this month to month along with cigarettes and alcohol while I work part time and can't afford new shoes which my daughters need or any clothes for myself. I do 100% of the childcare and everything in the house but he thinks I should work more. I've started college to train for a better job 2 days a week so my weeks are really packed as I work the other days.
We exist as a family with me and the girls and he just lives here too. He doesn't engage with the family and sits in a different room. I get up every morning and rush around all while he lies in bed and usually gets up about ten mins before we leave for school.

Suffragetteyblahblah Sun 24-Sep-17 08:11:58

He is unable to stop any of his habits and he has no desire to. Seems to think it's ok.

Fishface77 Sun 24-Sep-17 10:14:25

Why does he use tax credits to pay the mortgage?
Why aren't you claiming tax credits?
Can you start a secret money pool?
How old are the DC?
What support do you have?
Start gathering evidence to support any claims you intent to make in the event of a divorce. Get your ducks in a row.

Suffragetteyblahblah Sun 24-Sep-17 11:40:54

Daughters are 6 and 8. He has them paid into his account as he is self employed so payments can be irregular and I think he needed them for when he applied for the mortgage to borrow the amount we needed. I can't start a secret stash, I just don't have the money spare.
My mum helps out a lot with the children, it feels like she is the other parent a lot of the time.

Fishface77 Sun 24-Sep-17 17:28:17

Redirect the tax credits first

NotTheFordType Sun 24-Sep-17 19:10:45

If he's self employed then prepare for him to start declaring that he doesn't make any money so he won't have to pay maintenance. Sounds like he won't bother with contact either. Psych yourself up for being a totally single parent because it sounds like that's where things are heading.

Suffragetteyblahblah Sun 24-Sep-17 19:16:48

It's not too much of a leap from how things are at the moment to be honest. Quite telling that we haven't seen him all weekend and the girls haven't noticed.

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