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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

7 days to leave the family home…

246 replies

Fearless5 · 22/05/2022 22:28

Firstly apologies for the length of this post, I’ve never told anyone about any of this and now I’ve written it… it’s a lot!

So first, some background… I’ve been married for 15 years and we have 4 children together aged 15, 9, 7 and 2.
DH had an awful childhood and has suspected adhd and autism, got together young, had a baby quickly and basically stuck it out, don’t get me wrong we have had good times scattered in it I’m ashamed to say I’ve made many excuses and allowed myself to be treated very poorly over the years, I’ve never told a soul what my real life is like….

Our middle two children were diagnosed with adhd and autism a few years ago now and are half at home, home schooled by myself and half in a mainstream school. I suspect my youngest is also on the spectrum and although they’re all amazing, nobody knows I do EVERYTHING alone. My DH wouldn’t even know where their clothes were. He flounces out of the house whenever he wants, to see friends, to go to the gym. Occasionally to work…. Me? I would have to ‘ask’ weeks in advance if he would look after his own children, then he would claim I didn’t ask and I would worry that he would loose his temper. So simply, wherever I am, they are. My mum is great and will have them but she often questions why my DH hasn’t had them… I lie and say he’s in work. I’m too embarrassed to tell the truth. I worked hard to get a degree and work part time (from home) ironically as I counsellor, I feel like a fraud when my life is one massive ball of anxiety and lies... my friends and family would swear I was happy, the only thing that gives me joy is my children.
I pay for EVERYTHING alone, any money he gets, he keeps and buys ridiculous things like a £600 remote control car, so many clothes… whilst I walk around in the same clothes I’ve had for years and struggle with bills.

Nobody knows I’ve had years of walking on egg shells and I’m ashamed to say so have my children. His temper, attitude, name calling (to me) and general disinterest in our children has recently been eating me up, I feel deep resentment and can’t get my head around why he can’t see how amazing they are. I hear them trying to talk to him, desperately trying to gain a connection, he’s looking at his phone barely even glancing up. It hurts me so much. I feel I’ve let him get away with so much due to his past and his own issues but where do I draw the line? They are the most precious gift and I put every ounce of my being into trying to be mum and dad, repair the damage he’s done in anger and I’m fed up. Countless meetings and appointments I’ve done alone, we go out daily and he hasn’t come out with us for literally years. We go to theme parks, the beach, the zoo… everywhere… without him. The kids are used to it now but I always feel embarrassed when people ask where he is, I just lie.
I go on holiday tomorrow (only 3 hours away to a lodge) and he’s decided last week he’s not coming! He has a few days of work he just can’t possibly get out of… My child mentioned this to my mum
today and she was so shocked and perplexed (she has no idea we aren’t the perfect team) It makes no difference to me because I do it all alone anyway. In fact I’m looking forward to not being on edge all the time, worried about what mood he’s in or his reaction to the slightest thing. Why do I stay? The truth is, sometimes he can be amazing, he listens and understands and I’m tricked into thinking all will be ok. The next day, BAM. Ignored and left to struggle alone, all the promises already broken.

So… Today my disabled child who is 7 was arguing with their sibling who is 15, just a bit of winding up as siblings do. Well DH lost it. He was shouting so much he lost his voice, I was out packing my car for tomorrow and heard shouting, when I rushed in my 7 year old was being screamed at to wipe up a drink he had accidentally knocked over when leaving the room after being separated from his sibling, my DS calmly said he was getting kitchen roll to clean it but his dad just kept shouting louder and saying ‘clean it now!!!!’ Creating more and more anxiety my sweet son was confused and upset and I stepped in and said ‘what is happening? You need to step out of this situation, you’ve lost control’
Then my son shouted ‘I’m doing it now!’ In pure frustration and DH grabbed him by the neck off the t shirt, pushed him back and shouted whilst pointing in his face not to be cheeky or he would take him upstairs and ‘give him a good hiding’….
I am completely against hitting children and have NEVER done this, DH has many years ago having been hit himself as a child, but thankfully saw the error of his ways after I persuaded him seek psychological help (not by me!) to deal with his own anger, which leads to him taking it out on a child.
Anyway at this point I guided my poor son to his room to safety and calmly (but seething inside) told my DH that I’m going away for one week with the children and when I get back, I don’t want him in the house. I am absolutely disgusted that he could do this to our poor defenceless child and no matter how many years, children and history we have, I’m no longer going to make excuses for this behaviour.

He said I’m a heartless scumbag for giving him just a week, and he’s going to tell everyone so. I said I wonder what everyone will say when they find out why… our marriage has been dead for years, no intimacy, just pure resentment. I own the house, bought just before we met with inheritance money. It’s in my name only but it’s always been our home. He has no money or family to rely on and I’ve said in the past I would help him to get a place, that still stands. I just feel like I can’t have him around the children, who are now even more anxious around him than ever. I never once said he needs to take his things etc, we just need him physically gone. I used to worry myself sick about what would happen to him if he wasn’t at home but I now realise I have four children to care for, he is not one of them.

He has since walked out of the house without a word, who knows when or if he will return?! I haven’t contacted him and certainly won’t… I couldn’t care less at this point…

Am I being unreasonable?!!

OP posts:
thenewduchessoflapland · 23/05/2022 08:30

*Get a solicitor as soon as possible
*Its not your responsibility to help him find housing
*Immediately tell your mum what's been happening
*Start talking to your friends and family
*Find out what benefits you might be entitled too
*File a claim with the CSA for maintenance;it's high time he started to financially contribute to the upbringing of his children

Welcome to a new beginning free from the drudgery of being this awful mans wife

BadNomad · 23/05/2022 08:31

Rosscameasdoody · 23/05/2022 08:13

The house was the OPs before they met so is not a marital asset. However, OP I would be very careful about going away and leaving him with access to the house.

It became a marital asset when it was used as the family home.

knittingaddict · 23/05/2022 08:32

Rosscameasdoody · 23/05/2022 08:13

The house was the OPs before they met so is not a marital asset. However, OP I would be very careful about going away and leaving him with access to the house.

It's a marital asset if it's been the family home, which it has been for 15 years and most of the time that op has owned it.

IncompleteSenten · 23/05/2022 08:32

I really hope you don't back down. He sounds bloody awful.

knittingaddict · 23/05/2022 08:38

Rosscameasdoody · 23/05/2022 08:29

Any non-matrimonial property, inherited assets and other assets which were already owned by one party prior to the marriage are called pre-marital assets and are treated as distinct to joint finances for purposes of divorce; as such they will often not be counted as part of the matrimonial pot and may instead be retained in full by the relevant party.

The rationale behind this distinction was set out in the case of White v. White, in which the court acknowledged the view, widely but not universally held, that property owned by one spouse before the marriage, and inherited property whenever acquired, stand on a different footing from what may be loosely called matrimonial property.

But whether or not a court will decide to exclude property owned before marriage from the matrimonial pot depends on various case-specific facts, including:

Passage of time – in a lengthy marriage, where either party owned property before getting married, this property may gradually come to be viewed as matrimonial property (Miller v. Miller), even if it is not used as the matrimonial home, especially if it is not kept separate (see ‘mingling of property’ below).
Mingling of property – where a property was bought before marriage, it can end up being mingled with matrimonial property over time (eg if it is used as a family holiday home or income generated from it is used within the marriage). The more mingling that occurs (and the greater passage of time), the more likely that property owned before marriage will be added to the matrimonial pot for purposes of calculating a divorce settlement.

If property owned before marriage is considered to be marital property (see above) it will be added to the matrimonial pot. It will then be divided between the divorcing couple, according to the circumstances.

The starting point is generally a 50:50 split, but the court will consider section 25 of the Matrimonial Causes Act 1973 which sets out the various factors that should be taken into account when deciding how assets should be divided - for example the welfare of any children under the age of 18 (this is the primary consideration), income, earning capacity, property and other financial resources which each of the parties to the marriage has or is likely to have in the foreseeable future, the financial needs, obligations and responsibilities which each of the parties to the marriage has or is likely to have in the foreseeable future, the standard of living enjoyed by the family before the breakdown of the marriage; and the age of each party to the marriage and the duration of the marriage.

Once the court has determined the weight of these factors, it will come to a decision regarding the split of the matrimonial pot.

Any property owned before marriage may need to be sold and the proceeds divided in order to ensure an equitable split.

While the divorce process is still ongoing, regardless of whether the property was bought before marriage spouses have ‘home rights’ in their shared matrimonial home – even if this consists of property that was owned by one party before the marriage.

Essentially, this means that both spouses have a right to live in the property until the divorce has been finalised and a court settlement has been agreed upon.

That cut and paste job contradicts your previous post.

The house is a marital asset because it has been the family home for 15 years. Time spent living in the house prior to marriage is also relevant.

The op's house is more than likely a marital asset.

oakleaffy · 23/05/2022 08:40

Rosscameasdoody · 23/05/2022 08:13

The house was the OPs before they met so is not a marital asset. However, OP I would be very careful about going away and leaving him with access to the house.

The husband ( By dint of being married) does indeed have a right to the house , or a percentage of it as it was the family home, despite it not being in his name and bought with inheritance.
You cannot legally “ Change the locks “ In England anyway .

@Fearless5 Get a lawyer asap.

”The person you marry isn’t the person you divorce”

Expect him to get more difficult as time goes on- He will need a house or flat to have the children, and he’ll have to fund this,which won’t be cheap.

wellhelloitsme · 23/05/2022 08:45

@Rosscameasdoody

The house was the OPs before they met so is not a marital asset. However, OP I would be very careful about going away and leaving him with access to the house.

The second half of your own later post shows this isn't true from a legal standpoint:

But whether or not a court will decide to exclude property owned before marriage from the matrimonial pot depends on various case-specific facts, including:

Passage of time – in a lengthy marriage, where either party owned property before getting married, this property may gradually come to be viewed as matrimonial property (Miller v. Miller), even if it is not used as the matrimonial home, especially if it is not kept separate (see ‘mingling of property’ below).
Mingling of property – where a property was bought before marriage, it can end up being mingled with matrimonial property over time (eg if it is used as a family holiday home or income generated from it is used within the marriage). The more mingling that occurs (and the greater passage of time), the more likely that property owned before marriage will be added to the matrimonial pot for purposes of calculating a divorce settlement.

If property owned before marriage is considered to be marital property (see above) it will be added to the matrimonial pot. It will then be divided between the divorcing couple, according to the circumstances.

While the divorce process is still ongoing, regardless of whether the property was bought before marriage spouses have ‘home rights’ in their shared matrimonial home – even if this consists of property that was owned by one party before the marriage.

Essentially, this means that both spouses have a right to live in the property until the divorce has been finalised and a court settlement has been agreed upon.

This is why it's vital that OP's absolute priority right now is seeking legal advice from a solicitor.

Rosscameasdoody · 23/05/2022 08:53

Just to clarify - my first post re the house not being a marital asset was from personal experience, but I realised after posting that length of the OP’s marriage would be a factor, so researched a bit and found info I thought might be helpful. But thanks for the pile on.

wellhelloitsme · 23/05/2022 08:56

Rosscameasdoody · 23/05/2022 08:53

Just to clarify - my first post re the house not being a marital asset was from personal experience, but I realised after posting that length of the OP’s marriage would be a factor, so researched a bit and found info I thought might be helpful. But thanks for the pile on.

Sorry if you felt it was a pile on. A couple of people just pointed out that your second post contradicted the first (I didn't realise you had realised this) as it's so important that OP doesn't rely on posts on here when it comes to protecting herself legally and financially - including from me obviously! Flowers

Eddiesferret · 23/05/2022 09:00

ThreeLittleDots · 22/05/2022 22:46

No you can't change the locks

Of course she can, it's her house and not a marital asset

You are quite wrong.

Whilst property held before marriage is treated differently the exception is where there has been a long marriage and the property gradually becomes a marital asset over time. Especially where that property has been the sole or main family home.

Hopefully OP has had the foresight to ring fence this legally by way of a trust or a tight pre nup.

If not You do urgently need a lawyer OP. before you go changing any locks.

MsRosley · 23/05/2022 09:00

The only unreasonable thing you've done, OP, is put up with this massive dickhead for as a long as you have.

Swayingpalmtrees · 23/05/2022 09:04

I think you are able to ADD locks for safety reasons though.

An assault on a child has taken place, I would be getting police advice as to how to proceed and keep the children safe. They will be able to easily advise on the best way forward. I know with a friend of mine, the dh was ordered to leave the house and locks were added (and a panic alarm) Look into that - have a discussion with the police op and then decide what to do.

Get some legal advice secondly with a trusted solicitor re the house and assets.

The most important thing is to ensure your children are not exposed any further to abuse and violence. You are absolutely doing the right thing, and need to keep strong for them Flowers

Bangolads · 23/05/2022 09:06

Get a lawyer ASAP. And no you’re not unreasonable- you’re brave and wonderful and deserve so-much-better. You’re life and the kids life will be so much happier if he goes. Good luck thinking of you xx

GreenFingersWouldBeHandy · 23/05/2022 09:09

For God's sake ditch the 'embarrassment' factor. Tell your Mum and your friends what is happening immediately.

NOW.

You and your children are at risk, never mind the house and financial situation.

GenderAtheist · 23/05/2022 09:11

SgurrNaCìche · 22/05/2022 22:40

You need to contact a solicitor asap and start talking to family and friends about why you're leaving him
Do you have any accounts in joint names? Is so make it a priority to try and safeguard them

If you have any money in joint accounts, take it all out and tell the bank it’s in dispute or he can run up the overdraft.

Apply for CT as a single adult.

See I’d you are entitled to any benefits due to being a carer for your children.

Take detailed photos of your house and contents before you leave for holiday.

Assume that your husband is going to fight for a share of your house and anything else. Despite what he has said. Then if I’m wrong you will be prepared.

Contact the police about the assault on your child.

But most of all get legal advice THIS WEEK.

Unfortunately your long term lies that we’re designed to save your face have inadvertently put your children at risks. It will hard for you to prove that he was abusive when you have spent years saying how great he is.

Sswhinesthebest · 23/05/2022 09:12

MsRosley · 23/05/2022 09:00

The only unreasonable thing you've done, OP, is put up with this massive dickhead for as a long as you have.

Absolutely.

Dont be convinced that he won’t came after more financially. They change!

Eddiesferret · 23/05/2022 09:12

Threetulips · 23/05/2022 07:09

And - I have a friend in a similar situation regarding the house, as he’s left you can actually sell the property as it’s in your name and have the money transferred into your bank account - buy a new one he can’t touch the money.

That is one of the most truly dreadful bits of advice I have ever read.

The legal ramifications for the OP of following such appalling and illegal actions would be truly awful.

Please stop advising on issues you clearly have no experience or knowledge of. This is someone's real life - not a fictional drama series. !

dollymuchymuchness · 23/05/2022 09:16

I’ve not read the FT so don’t know what’s been suggested. You really need to log with the police the attack on your child. This is evidence that he’s not safe to be in the house with you and your children. Also report your DH to children’s services, who will support you. Log everything else that’s happened as well, and give copies to your parents, the police, Womens Aid, Children’s Services and your solicitor. Now is the time to start talking to everyone, as you need to be two steps ahead of this monster. 💐

Badger1970 · 23/05/2022 09:16

You need to go to the Police first and foremost, and I would also involve social services so it's seen that you're taking this very very seriously.

And don't change locks etc without speaking to a solicitor. Make sure you get copies of all financial documents so you have proof that you're the one financially supporting the family and not this pathetic excuse of a human being.

And don't go on holiday...... he'll move back in while you're gone.

AlternativePerspective · 23/05/2022 09:23

If you have any money in joint accounts, take it all out and tell the bank it’s in dispute or he can run up the overdraft. so not only will OP be responsible for having to give back the money she’s removed from the joint account, but responsible for any overdraft fees incurred as well.

Honestly the only advice ever being given on these threads should be “speak to a solicitor,” because it is abundently clear that most posters don’t have a clue what they’re talking about, and following some of the advice on here will make things worse for the OP not better.

ChocolateHippo · 23/05/2022 09:27

OP, you've had some varied advice on this thread so probably best to consult a solicitor ASAP.

I know you want your DC to have their holiday (and completely understand that), but please gather up important documents like passports, birth certificates, evidence of earnings etc. and take them to a safe place before you go. If you do one thing, do that - you don't know what you'll come home to.

Report the assault on your son to the police.

You will have to pay him something but, with him never having contributed financially or non-financially and you remaining primary carer of all 4 children, it's unlikely to be anywhere near a 50/50 split. But again we're not experts and don't know your situation in detail so you need advice.

Eddiesferret · 23/05/2022 09:28

Absolutely AlternativePerspective . Some terrible advice bordering on encouraging OP to break the law. Which helps no one. Least of all OP.

Tickledtrout · 23/05/2022 09:31

Book a solicitor OP.

CupidStunt22 · 23/05/2022 09:40

Eddiesferret · 22/05/2022 22:43

No you can't change the locks !

Just as women in this situation are not powerless neither is your DH !

The starting point on separation is 50/50. He has EQUAL RIGHTS to everything.

Whilst I usually advise DIY to save lawyers fees ... now I would get myself a SHL (shit hot lawyer ) !!

Wrong wrong wrong.

GettingItOutThere · 23/05/2022 09:52

move your money asap before he fucks you over (id say the same if you were a man!!)

make sure YOU and your children are looked after

i think you are unreasonable for not DOING IT SOONER!!! get him gone, you are acting solo anyhow - single mum is easier when you know where you are at (i am one 2 kids its FINE!!)

he needs to go!!!

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