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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:

Nan0second · 20/08/2018 10:12

You can’t stop him seeing the children. They are not a possession.
You need legal advice, mediation and put a claim through child support to get maintenance
I would reiterate that you cannot and should not stop him having a relationship with the children though

TheFaerieQueene · 20/08/2018 10:14

He isn’t very bright. Your solicitor and the courts will sort this. Hand it over to them.

Juells · 20/08/2018 10:15

If he's signed the house over to his brother as he claims, wouldn't the brother have to pay capital gains tax (or whatever it's called)? I can't see that happening...

Racecardriver · 20/08/2018 10:15

You absolutely are entitled to a part of the house even if he has managed to transfer it to his brother-the court will see this as a sham transaction. I would also strongly digged you get a court order for contact instead of mediation so that he can't refuse to give them back again. Go get yourself a good lawyer.

Juells · 20/08/2018 10:16

You can’t stop him seeing the children. They are not a possession.

Did you miss the part where he refused to give them back? He obviously sees them as a possession and a means of control.

colditz · 20/08/2018 10:24

Nan0second, she left him because he’s abusive. Abusive men don’t confine the abuse to their wife. She absolute should restrict access because he is a danger.

GreenTulips · 20/08/2018 10:25

You haven't said if you work, you maybe able to claim financial help with a solicitor.

Contact Woman's Aid and they will help you with housing and leagal stuff. They are highly recommended in here

Guienne · 20/08/2018 11:02

What's important is now who is on the mortgage but whose names the house is in. Whose is it?

AdoraBell · 20/08/2018 11:05

Get legal advise, tell them exactly what he’s said and what was going on before you left.

RandomMess · 20/08/2018 11:07

Legal advice and fast, you need register a charge against the house so it can't be sold without your knowledge or is this what he has already done - sold it to his brother?

NothingOnTellyAgain · 20/08/2018 11:12

I also am not sure why OP is being berated for her behaviour when the H said he would take the children and never give them back?

I think he sounds awful, you need legal advice. As others have said. Call women's aid. Get all the support you can.

AdoraBell · 20/08/2018 11:14

Good advise from Random

IceCreamFace · 20/08/2018 11:17

Definitely get legal advice. Changing the name on the mortgage will be seen as a transparent attempt to not give you a share of the house and will be looked down on in court. However you must seek professional legal advice. Collect as much proof and paperwork as you can and pass all the information you have (even just your suspicions) on to your legal advisor.

RandomMess · 20/08/2018 11:27

Mediation is usually waived when one partner is abusive so you have the initial contact with the mediation service and tell them about the abuse then you can not to mediation and he can take you to court for contact.

Personally I would want a contact order with power of arrest attached for non-return due to his behaviour and ongoing threats to keep them. Without power of arrest the police won't do anything if he fails to return them.

Nan0second · 20/08/2018 16:38

I’m not doubting that he is abusive. I’m just saying that if he is being prevented from seeing the children, I can see why he would threaten to take them. How is her taking them away any different? OP did not say he couldn’t see them because he is abusive, she said that he threatened not to give them back or they were fighting like the children are toys.
She needs a solicitor and to organise fair access as well as getting money for herself.

Original poster

Sugarpuffz1989 · 20/08/2018 16:59

I never stopped him seeing the girls, That was the first time he had them last week, we had only been separated 2 weeks and i even met him half way to drop they off. i would never stop my children seeing their father if i wasnt scared he would keep them, My 10 year old rings him every day on face time, not much more i can do if he refuses to be decent. The deeds are in his name also, he never shared anything, i lived their 12 years and contributed to all the bills, Yes i work, I actually earn quite a bit more then he does.

Thank you for all your advise, i cant afford to file a divorce right now since when i moved out i took nothing, im having to furnish the flat for the kids, Will i still be able to get some money back from the house even if i leave the divorce for 6 months or so?

OP posts:

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