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My rights to half the house

(96 Posts)
Novemberrain77 Wed 27-May-20 08:56:28

My husband and I have been married for 7 years with 5 children . Youngest is 2. He bought our house in 2014 3 months before we married. He didn't put my name on house. I did seek free legal advice and was told it still half mine but I can't remember if she asked when we got married. We are splitting up and worried . Any advice please. I don't pay mortgage etc as agreed I would be a stay at home mum.

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Rainbowqueeen Wed 27-May-20 09:05:46

If you are married assets are split between you
You may be entitled to more than half the house if you are a SAHM with limited potential to earn. Alternatively you could get a meshed order allowing you to stay in the house until your youngest is 18 and the house is then sold and proceeds split.
In your shoes I’d try and get some more free advice. To get the most out of it do some preparation. Write down the basics- length of marriage age of kids financial position. (This includes income, any benefits you get, assets and debts). No one can give you accurate advice without this and it’s faster to read it than ask you all the questions.
Also think about what you want. Do you want to stay in the house? Move closer to family? Have children 50-50 or Your ex have them EOW
Make an appointment, take your notes and hand them over and then take more notes of what they say so you don’t forget.
Wishing you well

Isitsixoclockalready Wed 27-May-20 09:08:28

OP, have you had a chance to discuss the division of assets at this point? Do you have reason to worry based on his character?

NoHardSell Wed 27-May-20 09:10:11

It's the equity not the house - is there much equity to fight over, and could you take over the mortgage if you had to? A solicitor will help talk through your options, from him staying on the mortgage and you paying it, through to the overall split including savings and pensions

Novemberrain77 Wed 27-May-20 09:36:45

60 grand mortgage and I have done home rights so he can't touch it. I am recstarting a job from home but I doubt I will get a mortgage X he said he will pay mortgage and I pay everything else. Him paying mortgage instead of child maintenance

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Novemberrain77 Wed 27-May-20 09:37:43

He has 80 grand savings and using it to buy a flat so I can kiss that goodbye.

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millymollymoomoo Wed 27-May-20 10:28:18

You’re not entitled to half
You’re entitled to a ‘fair share’ which could be more or could be less than half

If I was in his shoes I would not agree to pay the mortgage on lieu of maintenance as you could still claim cms

You should seek legal advice as they can advise based on your circumstances

All assets and liabilities go into the Pot for consideration regardless of whose name is on it or whose paid for it

You’re not automatically entitled to stay I. The house until youngest is 18 but with 5 children housing them will be a judges priority

TheStuffedPenguin Wed 27-May-20 10:31:10

Do NOT make settlements with him . Go the legal route !

Novemberrain77 Wed 27-May-20 11:00:59

No you can agree about mortgage and child maintenance as I checked with them. I wi pay everything but mortgage. He refused to put my name on the house over the years it caused a lot of arguments he said £500 was too much to do it through the mortgage company and solicitors little did I know he had about £120000 sitting there. the solicitor advised me that I would be entitled to more but I cannot remember if I told her that we got married 3 months after he bought the house that is my only concern what I'm asking at the moment I am seeing a solicitor when the kids are back to school and also I'm expecting a free half hour from another solicitor today over the phone

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Viviennemary Wed 27-May-20 11:05:18

You will be entitled to something. How much is probably a matter for the courts. As it appears you haven't contributed anything towards it.

Novemberrain77 Wed 27-May-20 11:11:10

Oh bringing up kids cooking cleaning doesnt count ?

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Novemberrain77 Wed 27-May-20 11:12:04

I Paid for furniture decorating top up food shopping clothes. Be all on my bank statement

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Novemberrain77 Wed 27-May-20 11:12:22

Holidays meals out

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SporadicNamechange Wed 27-May-20 11:20:13

The flat he buys will still be a marital asset, and part of the settlement negotiations, in the divorce. As would the savings if he hasn’t bought yet. It makes no difference that they’re in ‘his’ savings account.

You need to get the relevant paperwork and talk to a solicitor about a fair and reasonable settlement, based on the assets as they stand and the circumstances. You won’t be able to get proper advice on MN - it needs to come from a solicitor who knows all the details.

SporadicNamechange Wed 27-May-20 11:22:19

It won’t matter that he bought the house before you married. You’ve been married for 7 years and the length of the relationship predates that (possibly by several years).

As I said, you need proper legal advice here.

PoetaDeLosSandwiches Wed 27-May-20 11:23:35

The court would focus on everyone's needs going forward, especially the needs of the children. Who paid for what in the past is not important. They will look at all the assets and the earning potential of both of you.

Novemberrain77 Wed 27-May-20 11:26:50

thank you to all the ladies above there were some messages I've only just read that I didn't see earlier so I do apologise and I have read.I cannot discuss money with him because he flies off the handle it causes a lot of arguments and improve this post you can see what type of character he is.he has a temper but has never hurt me all the children but it's like walking on eggshells discussing finances because he makes out that I'm all about money when all I think about is the kids. I did start working from home and he didn't like it so its not as if I don't want to bring extra money in all I rely on his tax credits and child benefit which is lower this year.he's always saying that once he's paid the bills and mortgage and other outgoings he doesn't have much left little did I know that after we spent the inheritance I'm getting the house done and cars he still had add 120 grand left. We had 80 grand left and then more in another bank account. Long as I'm entitled then that's all that matters and if I do have to sell I will but we do have five children and it is hard to find house big enough I am ready to downsize if needs be the three youngest girls can share and my two teenagers will have separate rooms as they are boy and a girl.I cannot move them out of their schools because they are some of the best schools in Essex and my 8-year old suffers with anxiety and has a teacher that helped her with her anxiety so I feel it would not be good for her well-being having to make new friends. And my son is doing his exams and my other daughter doing very well at school.I have a 2-year old who is not at school yet so it'll be a big upheaval if we had to move

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Cambionome Wed 27-May-20 11:28:02

Ignore Viviennemary - you are definitely entitled to a "fair share" but you must get proper legal advice on this. Don't start making arrangements with him without advice and try and get a solicitor who has been recommended by friends/acquaintances if you possibly can.

Your ex won't be on your side here, he will be looking after himself so you need to be strong,well informed and determined.

DelphiniumBlue Wed 27-May-20 11:28:14

All of his assets ( and yours) will come into the pot. But you need proof that the savings etc exist - make sure you have a record of any account details, and his pension details- you have an interest in that as well.

0hforfoxsake Wed 27-May-20 11:29:25

Absolutely talk to a solicitor before entering any conversation with your husband. Really important to get a handle on the reality of the situation. You may be entitled to remain in the house until the children reach adulthood if you are the main carer, and then split according to your circumstances.

Don’t be put off by solicitors fees. Yes they seem extremely expensive as an hourly rate - but they can save you hundreds and hundreds of pounds in the long run.

Speak to people and find a recommended and meet with them. You will get a half hour meeting free.

I can’t stress enough how important it is to get your ducks in a row before going down the divorce route.

Viviennemary Wed 27-May-20 11:30:16

I don't think he will be expected to provide housing for children that aren't his. You will need to seek legal advice.

YgritteSnow Wed 27-May-20 11:30:15

You will be entitled to something. How much is probably a matter for the courts. As it appears you haven't contributed anything towards it

Stop talking shite!

Viviennemary Wed 27-May-20 11:31:45

Of course it's a matter for the courts.

0hforfoxsake Wed 27-May-20 11:32:03

Start gathering bank statements etc now, in case he starts to move money about. Proof of both of your finances, pensions etc. It works both ways of course.

YgritteSnow Wed 27-May-20 11:32:18

@Viviennemary where does it say the children aren't his? Go and have a cup of coffee and wake up for goodness sake.

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