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Original poster

Husband changed name on mortgage so I don't get a penny

41 replies

Sugarpuffz1989 · 20/08/2018 01:10

So I finally left my abusive husband. I have the children living with me in a rented flat as he wouldn't move out the family home. It was always just in his name as believed there 8 years before I moved in, I lived there 12 and contributed to the household payments, I actually earned a lot more than him. He has put the mortgage in his brother name so i can't get anything for me and the kids from the divorce and he is not paying maintenance either yet. What can i do about the house! Can he do that!?

OP posts:

Fabricwitch · 20/08/2018 01:14

Im not a lawyer, but as far as I know, no he can't do that, and he will be penalised for trying to hide assets. Get yourself proper legal help.

GreenTulips · 20/08/2018 01:19

No he can't do that and courts are wise to this type of thing.

It's a marital assets and you have children together, see a solicitor and get some good advise

springydaff · 20/08/2018 02:25

Post in legal? You'll get some good advice there.

Have you been to Womens Aid? Local office here.

Keep going love. Get as much support as possible from any and every quarter - eg GP, HV, WA (have you done the Freedom Programme?) You'll be eligible for Legal Aid if you cite domestic abuse.

springydaff · 20/08/2018 02:27

Legal

3luckystars · 20/08/2018 02:57

Is it possible he is making this up?

I hope you get good legal advise and I just wanted to wish you all the best.

TiffinBox · 20/08/2018 04:45

Go and see a solicitor, that would be money well worth spent. You can register your interest in the house so no decisions can be made on it without your consent. You have evidence of making mortgage contributions so therefore you have an interest in the property. It's called registering home rights, see link below.
www.gov.uk/stay-in-home-during-separation-or-divorce

Contact CSA and have maintenance formally managed by them.
www.gov.uk/child-maintenance

www.womensaid.org.uk

FishesThatFly · 20/08/2018 05:02

What does it say on the deeds?

Have you contacted CMS about his lack of payments?

drastard · 20/08/2018 05:14

As a marital asset, he won't gain from doing this.

As the higher earner you might have an unpleasant surprise re. the divorce settlement.

HollyBollyBooBoo · 20/08/2018 05:18

Cheeky sod! He's a bit daft though if he thinks he's the first person to have ever done this! You really need a good solicitor so that you can sort through all of this and you both get what is fair.

onemorecupofcoffeefortheroad · 20/08/2018 05:47

It's a marital asset - you are entitled to more than half as you have the children and they are counted in the final reckoning.

You need legal advice though - the courts will see through this ruse but you'll definitely need a solicitor

FishesThatFly · 20/08/2018 05:54

It's a marital asset - you are entitled to more than half as you have the children and they are counted in the final reckoning.

OP - no you're not. Common misconception that just because you have children that you'll get more.

The starting point is 50/50 and it ia negociated from there.

onemorecupofcoffeefortheroad · 20/08/2018 06:01

Common misconception that just because you have children that you'll get more

Okay worded badly but it is possible - I got three quarters of the value of our marital home as we had two children who would be living with me and my name wasn't even on the mortgage.

OutsSelf · 20/08/2018 06:02

I am surprised that he was able to put the house in his brother's name. As I understand it, he would have had to sell it to his brother for that to have happened. He would have needed to sell it a for the value of the outstanding debt on it. I only know this as I have recently tried to transfer a property to a family member, and this was the only way to transfer the mortgage to them. Obviously, one can not transfer an asset but keep the mortgage against it.

zsazsajuju · 20/08/2018 06:52

If he put the mortgage in his brothers name that’s fine- it’s who owns the property that matters not who is responsible for the mortgage. In reality he is talking rubbish- you can’t transfer the mortgage to someone else, it would need to be repaid. If the property is mortgaged he can’t transfer that to someone else without repaying the mortgage. His brother may have purchased the property from him to repay the mortgage but that’s unlikely and the family court can see through that anyway.

So don’t worry- he’s just trying to upset you. Don’t let him manipulate you. Get some legal advice.

IAmNotAWitch · 20/08/2018 07:59

Time to lawyer up.

JacquesHammer · 20/08/2018 08:00

In reality he is talking rubbish- you can’t transfer the mortgage to someone else, it would need to be repaid

That’s not the case. You can - with permission from the lender - add/remove people from the mortgage.

OP - you don’t mention whether your name was on the title deeds?

In any event you need to take legal advice.

KlutzyDraconequus · 20/08/2018 08:23

Have you got bank statements showing transfers of money tonhimnfro myou? Or showing payments to household bills? Or even a peyment too the mortgage etc?

Print them, take them to a solicitor.

OutsSelf · 20/08/2018 09:00

I recently tried to transfer a mortgage and was advised it is no longer possible to do this, instead you have to sell the property to the recipient @JacquesHammer. You sell for the value of the outstanding mortgage, but you can only do this for family members because ifof oney laundering regulations

tootstastic · 20/08/2018 09:11

Definitely legal advice ASAP.

Also pp mentioning transferring of mortgage; Firstly, I would have assumed it's not the mortgage the OP thinks he would have transferred. XH has lived in the house 8 years and the OP 12, so would have thought the mortgage has been paid off or almost been paid off. Surely OP means property deeds have been signed over? But yes, this would definitely count as asset hiding and would be considered as part of any divorce settlement.

Original poster

Sugarpuffz1989 · 20/08/2018 09:39

Thank you for your advice, No im not on the mortgage. There was 7 years left on the mortgage when i left as we consolidated a few years before. I haven't filed for maintenance yet but he said as he has the rent now and a few debts that when they take into account he can barley feed himself ill get nothing. He is trying to get me to go to mediation for the kids which i will but im worried, i stopped him seeing them after the first time he had them after we slit he said he was keeping them and wouldn't bring them back, in the end i had to apologise for leaving him for him to agree to meet me with them so i wont let the out of my site again.

OP posts:

springydaff · 20/08/2018 09:46

Try also Rights of Women for free legal advice.

llangennith · 20/08/2018 09:54

See a solicitor re house and children ASAP.

makingmiracles · 20/08/2018 09:57

Fortunately for you cms don’t consider his rent or debts, it’s calculated on his earnings and any deductions made if he has other children living with him and wether or not he has your children overnight or not and for how many nights a year. Think he’s in for a big shock, get the cms ball rolling OP, that’s your children’s money and you are entitled to it despite his excuses.

Herja · 20/08/2018 10:03

Ex said he couldn't afford anything. Turns out he was wrong. Maintenance is not calculated on someone's out goings, just their pre tax, post pension income. I worked out the amounts, pointed out it would cost even more through CMS because of the fees and lo he was able to find it. He does complain about it frequently, promise things to the DCs and then tell me he can't affofrd it because of maintenance and that I have to pay it, but he also can afford it.

Squamish · 20/08/2018 10:11

fine for him to have the debt (mortgage) in his name - what about the deeds of the property?

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