Advice for a friend. Not sure if she can do this or not

[Assistingfriend]

So my friend is married and lives in a house her husband owned before they were married. They have 4 children ranged between 1 and 7

Her husband wants to seperate. But he will not divorce her. She wants to stay together but he doesn't. He has a few properties so obviously doesn't want to give half to her.

Anyway. She doesn't work as she gave up her career to raise children. Her name is not on any properties as they were bought before they even knew each other

She will need to claim universal credit as they are no longer together and he has moved out. He has said she can stay living in the house on the condition she pays rent... The problem is she would have to claim this on universal credit. Is this possible? Would they accept this as they are still married and he will not divorce. She doesn't have any savings to apply for divorce her self. Her name is not on his bank account either if that makes a difference. She's in a real state and has 4 children to think about. I don't know if he will give her maintenance etc or if he is going to be difficult

Tia

I'd file for a divorce. Why should he get his own way when she's not?

Would also apply for CMS for all 4 children.

I agree. But she doesn't have any money as everything is in his name. He pays all bills. And gives her an allowance! I agree she's been very silly and vulnerable but it is what it is. She would have to save for the divorce but she still needs to provide for the children

They both own the house, it's the marital home. She doesn't need to pay rent on a house she owns, but she should find out what the situation is with the mortgage. She can claim UC without the housing element.

Ok thank you. What if he tries to make her leave

Bollocks to him! They are married so he doesn’t get to just keep all the houses. They belong to both of them.

She should definitely file for divorce. Pay him rent my arse!

She should stay in the house, because it’s her home. He can’t evict her if he won’t divorce her! She should apply for CMS immediately. Then she should save and divorce him.

By which I mean obviously she shouldn’t pay him rent!

She should see a lawyer though and discuss what happens if he tries to make her leave.

Ok thank you. That's what I thought but didn't want to mis advise her. She very timid and English isn't her first language. Trying to help her but without actually being able to see her due to covid it's difficult otherwise I would be with her and make the relative phone calls with her

She should try to get legal advice. Ultimately she may well have the right to stay in the family home but if she can’t pay the mortgage it might have to be sold and the proceeds split in some way. But she will need to divorce him.

Length of marriage?

While I have lovely people listening. My other thought was if she managed to get her divorce. Could she possibly ask for the house to be put in her name so it is solely hers and if shes not interested in any of his other assets... This might make him divorce quicker. But in that case would she get help with housing costs until she can get a job that pays enough to cover the mortgage. I don't know how long is left on the mortgage.

Married 10 years

I don’t know, unfortunately. But what I do know is he is trying to stitch her up. Getting her to pay rent to him as a ‘landlord’ in a house to which she has a legal claim (so, essentially paying the mortgage) but insisting she has no right to it? What a bastard!

Yes I know! This wasnt exact thought. But doesn't surprise me as he has financially abused her since her eldest was born

If she is married for ten years has had four children and looked after them full time she is in a decent situation.
She should be able to get a lawyer because he sounds as though he has significant assets that she would be entitled to a reasonable share of in the future.
She needs to agree to nothing and seek legal advice ASAP.

She needs legal advice. Pronto. This is no way to be going about things. The law will be fair to her and the children, her husband will not be fair. She needs proper legal representation. Also, I don't wish to jump to conclusions, but with you saying English isn't her first language - did she marry in this country, is the marriage registered properly - if not she may have no rights.

Good heavens! What a *** your friend’s husband is.

Please encourage her to get legal advice (first half hour is usually free) and note down anything and everything related to money and finances she can think of.

Please get her to read this - will give her a good idea of what has to be thought about

www.citizensadvice.org.uk/family/ending-a-relationship/

Well done to you for being such a good friend to her.

I do have a friend who was given the house but there was no mortgage on it. She had to sign to say it was in final settlement and she had no claim to his pension.

Here’s housing payments info, scroll down for the mortgage bit

www.understandinguniversalcredit.gov.uk/new-to-universal-credit/housing/

Help with mortgage payments or loans is provided as a loan. You will only be asked to pay back this loan if the property it was claimed for is sold or transferred to someone else. You can choose to pay the loan back early if you wish

She should speak to Women's Aid as he's financially abusive and controlling.

Kleptro is right.
Especially common in Islamic marriages, first step is confirming the marriage.

She has the right to stay in the house with the children and actually doesn't need to pay anything. He can carry on paying the mortgage. They have been married 10 years, she needs to file for divorce. If he refuses she needs to take him to court and the judge will either let her stay or say the house should be sold and she will get at least 50%. It honestly doesn't matter that he owned it before they met. Speaking from personal experience.

This totally a bloke having his cake and eating it. He wants to shag around but not lose any assets ... love it. I bet he wouldn't be too happy if she got a new bloke.

She needs to see a lawyer. Many will do a free consultation so she can figure out where she stands.

She needs to be sure her marriage was legal in the first place. If it is, she needs to divorce her husband.

She can apply for a divorce, she doesn't need his consent fir this. Google "help with Court fees".

If he doesn't sign and return his consent, she can apply for bailiff service of the petition.

Once she has that she can apply for the Nisi and then the financial settlement.

Speaking to Rights of Women might be useful too as it's a free service

There's really only one answer to this - she needs legal advice. As above, she can talk to Women's Aid and she needs a solicitor. Likely she needs to start divorce proceedings and get her fair share of their joint assets (sounds like the are all joint assets). The solicitor will explain what she's entitled to, discuss what might be the right settlement and sort out any negotiations.