Meet the Other Phone. Protection built in.

Meet the Other Phone.
Protection built in.

Buy now

Please or to access all these features

AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Will I still be able to get half the house

77 replies

Deepblueriver · 26/05/2020 17:42

I left my husband 9 months ago as a result of domestic abuse. I couldn’t stand it anymore so I left the family home with our baby. I only took a small bag and the pram.

I am quite scared of initiating a divorce as he hasn’t taken me to court for access to our D.C. and obviously I don’t want this. We own a lovely house which has a bit of equity in it. I did ask for maintenance but he says he can’t afford to pay it as he says he has to pay all the bills for the house now by himself and that it is unfair that I still own 50% of the house when I am not paying the bills.

If I divorce him am I likely to get my money back. I am worried about making him angry if I file for divorce and it won’t be worth it. He doesn’t know where I am and I don’t want him to know.

OP posts:
CatandtheFiddle · 27/05/2020 12:36

With a young child, you'd probably be entitled to more than 50% of the value of the house. But obviously, the house would have to be sold, or you buy your exH out.

As a victim of domestic abuse, you should also qualify for legal aid. Get really good legal advice, and get the maximum you can.

CatandtheFiddle · 27/05/2020 12:41

He is very mean and cares more about money than anything else

So take him for as much as you can get in a court. You should have access to ALL his assets.

CatandtheFiddle · 27/05/2020 12:43

I blank out a lot of things that have been happening to me

You poor thing - he's still abusing you. You might find to useful to talk through your situation with Women's Aid, and maybe they could recommend a counsellor for you - you need to get that abusive bastard out of your head. The Freedom programme might help?

Deepblueriver · 27/05/2020 12:55

Thank you I think I will try and get some counselling. I am to afraid to do anything and I struggle with making decisions.

I read why does he do that as recommended on here and it helped me realise that I really was being abused.

OP posts:
rosiejaune · 27/05/2020 13:04

I understand your concern, as he may go for contact to spite you if you want to get divorced/half the value of the house.

And you are right that he will almost certainly end up with unsupervised contact if he pursues that.

Personally, if you can afford to do so, I would avoid doing anything about it until the child is old enough to refuse to stay with him. I.e. don't poke the bear.

And then if he goes to court for contact in the meantime, you could do it all then as there's nothing to lose at that point.

Cancel the bill payments though; you aren't living there and using the utilities. Contact the companies and tell them you've moved out and he is now liable, so they can address their bills to him instead.

Deepblueriver · 27/05/2020 13:23

I can just about afford to live on the money o have now. If I could get my name off the mortgage I would be able to buy somewhere nice on my salary. We live in an expensive rental at the moment so would be better off if we could buy.

OP posts:
Xenia · 27/05/2020 13:40

If his salary is big enough to support the existing mortgage on his own then he might well agree to take you off the mortgage and give you a pay out,m so future equity gains (or losses in the current climate) are his alone even if you are not able to agree a full divorce financial settlement now.

however do speak to a solicitor. Eg not everyone does have to sell the house - even if you cannot afford to buy him out you might get the house and he leaves with the house sold when your child is 18 - a very common "mesher" order for the lower earner.

Deepblueriver · 27/05/2020 13:52

Thank you Xenia his salary is definitely big enough for him to pay for the house on his own.

I don’t want the house. I wouldn’t feel safe anywhere he knew where I lived.

If I bought a house and we were not divorced he could probably take half of it off me.

OP posts:
Wallywobbles · 27/05/2020 16:22

Yes he could.

KenzoBaby · 27/05/2020 16:40

Don't you still have to keep paying your half of the mortgage though? Maybe the abuse changes things but when my ex moved out, he still paid his half of the mortgage until we came to an agreement about our separation and my dad I bought him out.

Deepblueriver · 27/05/2020 16:48

I can’t afford to pay my half of the bills on that house and the bills on my rented flat as well. If that means I amount I am entitled to is less then so be it.

I know that if he doesn’t pay the mortgage then I could be forced to but I don’t have any money.

OP posts:
Wallywobbles · 27/05/2020 17:20

Ok - you definitely need to find a good lawyer. I would recommend going through a domestic abuse charity to find one that actually understands. But, and this is important, not all lawyers are created equal. My 4th lawyer was the one that saw me through 9 years of legal shit that my ex through at me. Number 1 - I went for a consult and she scared the shit out of me. Number 2 did my simple divorce (not UK based). Number 3 was just out of her depth with my ex. Number 4 was brilliant. She had his number completely and could turn him into an abuse spewing vile creature in front of the judge in less than 30 seconds. Its was a thing of beauty.

Deepblueriver · 27/05/2020 17:48

You are right. Maybe I should be paying it. He thinks I am totally unreasonable for stopping paying the bills but I couldn’t afford to pay them.

OP posts:
Deepblueriver · 27/05/2020 18:17

Wallywobbles thank you I didn’t see your response when I wrote my last comment. Did your lawyer do legal aid?

I do need legal advice from somebody who understands abuse because he doesn’t behave like a normal person.

OP posts:
Sparticuscaticus · 28/05/2020 18:26

Deepblueriver
No you don't pay HIS bills or the mortgage
You are paying rent and your own bills in your place with you and DD- whilst HE lives in your shared house. You are separated. Stop listening to him!

He owes you child maintenance and spousal support- CMS will help , solicitor will give you legal aid forms to fill out

HEW0124 · 28/05/2020 21:19

Assuning you are in UK so hopefully this is relevant to you but not sure if you have spoken to solicitor but I have spoken to mine about divorce this week and this is what I was told.

Divorce comes in different parts in UK first you have the actual seperation and then you have the financial settlement and then there is agreeing what to do with the children.

So when it comes to the financial settlement you can do this at any stage and most people tie it into divorce proceedings to do in one hit. Solicitors will start at 50/50 and then they will go from there, they will look at everything from pensions to ISAs to stocks and shares and property. If it's an asset its included. If you've been together for long enough (think few years) it's all up for grabs regardless of how it came into your marriage. For example if you've had time off to have your children you will have missed out on pension savings whilst working so it's important to get things like his pension included. I also say start at 50/50 they also take into consideration who is the residential parent and this could even sway things so you end up with more. Do not back down just because things get nasty if you can stick it out you will still get your divorce and settlement and he will have to pay. You deserve to to give your children the best life you can.

Now down to children, there is not really 'custody'inthe UK, there is usually a residential parent and non residential parent which has some form of visitation. If you can agree a parenting plan between you then great, if not you will be expected to do mediation and then if you still cant agree it would go to court. Only once court ordered is it legally enforcable, therefore even if he says you give me all the money I'll let you keep the children he could change his mind after the financial settlement and fight you for them. Whilst you do not have a court ordered parental arrangement he has the exact same rights to you and could just not return them-would like backfire on him down the lime but in the meantime the damage is done as you haven't been able to see your children. If you think this is a tactic he would use you should do everything in your power to ensure that you only allow supervised visitation etc.

My solicitor also told me the courts would rarely go back on visitation unless there was proof that the parent was endangering or it was negatively impacting the child. For example if you got pushed into overnight visitation that you weren't comfortable with and then went to court to try and get a plan that would just be daytime visitation they would likely rule that its been fine to date so they wont go back to lesser visitation unless you can prove a good enough reason.

Also bare in mind that they will want the best for your children, they want to see that you are calm and reasonable and all your statements are coming from a place of wanting your children to have a good relationship with their dad and by having supervised visitation it would allow this as they wouldn't be negatively impacted by his behaviours when having to be solely responsible for them.

It's all a bit hard to go into specifics but I would recommend if you can talk to a solicitor it would help you feel more clear, it certainly helped me.

Deepblueriver · 28/05/2020 22:18

@HEW0124 that is a really thoughtful reply. I feel a lot calmer today so I am able to process it a bit more. That’s really good. It looks like I could get a reasonable settlement. If I got less than half it would still be enough for me to start again and he would feel that he has won.

I haven’t allowed him unsupervised access of overnights. I don’t think that would be safe as he is quite mentally unwell and doesn’t think he needs treatment and can be quite scary. I do think our child can have a better relationship seeing him with other people than seeing him alone. It’s good to know that I need to stick to that and not roll back.
I have been looking up the requirements for legal aid and I might actually be eligible which would obviously save me thousands of pounds.

OP posts:
Wallywobbles · 29/05/2020 18:02

Hi again. No I'm not in the UK and would not qualify for legal aid. But the system here is comparable in many ways. My great lawyer was also the cheapest of the lot and she was a recommendation. It's really the most important bit having a lawyer who gets the fear and looks after your interests, which in an abusive situation are not quite as simple as getting your share.

I was very fortunate in that I could afford to not have maintenance so he lost that stick to beat me with and it was a bad point against him in every single court hearing.

Wallywobbles · 29/05/2020 18:16

It took 9 years for him to loose PR. Because it took that long for the kids to be old enough to have had enough and to talk to the judge.

They were 8&9 when they saw the judge the first time. The last time ex saw them they were 9&10. And 10&11 when he finally lost PR.

Proof was impossible to achieve, no one was ever willing to testify against him, and judges in family court are loathe to take away rights.

All those years I kept his ranty texts, recorded his drunk abusive calls (and death threats), made complaints at the police station. Took the kids to a psychologist so she could mitigate some of the damage and advocate for them. You have to record everything all the time for us long as it takes.

I know this sounds overwhelming but if you are conscious that every time he goes off on one he's adding a nail to his coffin it helps you have a different perspective. And you are giving your lawyer the ammunition to do a good job.

If it makes you feel a bit better I did it all in a foreign language too!

Haretodaygonetomorrow · 29/05/2020 18:27

Seriously consider a proper split. You are entitled to half of the assets, including the savings he has accrued. He should also be paying child maintenance- it’s worked out on his earnings and he can certainly afford it if he’s able to save so much.

The chance of him getting full custody is zero. Courts won’t wrench a child away from their main carer as long as they are safe and happy.

Deepblueriver · 03/08/2021 09:56

I found my thread from more than a year ago.

Fortunately he hasn’t seen our child for over a year. His choice. I haven’t seen him in person and I am doing much better.

I have started the divorce process and we have got a degree Nisi. We are meant to be doing financial negotiations but he has not returned his form. His solicitor has told mine that he is unlikely to be hurried and wants to do things on his terms. Apparently if we went to court it wouldn’t hurry up the process.

My solicitor says I should not leave with nothing as I will be granted something if we go to court.

I really don’t want to sell the house as he is living there and will just refuse all offers.

OP posts:
Mumsgirls · 03/08/2021 11:11

Xenia
Most of Uk has seen a massive price boom. Op does not need to be misled

Mumsgirls · 03/08/2021 11:12

Meshed order in not common

Mumsgirls · 03/08/2021 11:14

If he keeps refusing offers judge will sign for him and he will have to move out. He does not have all the power

Taliskerskye · 03/08/2021 11:40

Yes there is only so long he can drag it out. I hope you’ve put in a claim for maintenance- if you don’t put it in, it can’t be backdated. Can you genuinely afford to lose 6k per year?