Legal advice- desperate for help

[Thegoodthebadandthesnuggly]

Hi

I have been separated from my emotionally abusive husband since the end of March. I have a 6 year old child. We sold our old property in Dec 2019 and had £90,000 in equity which we put towards the renovation of a much bigger home. The mortgage for the new home is £230,000 and only ex’s name is on the mortgage (financial control also) but my name is on the deeds.

The property is still undergoing major renovations and is empty. My ex is living with a family member and me and my daughter are living with a family member.

I had to consult a solicitor when I first left him as he was sending 300/400 abusive messages a day and she sent a warning letter to him. I’ve since contacted her by email numerous times about the next steps and have had no reply. She came highly recommended.

My concern is that ex is a higher earner than me. He works away earning around £4,000 a month. I work 22.5 hours a week and earn £800-900 a month. He is claiming that when the house if fully finished he alone will be moving into it and I’ll end up “in a shitty flat”. Can he legally do this? I’ve been advised by a mortgage broker that I could get a £100,000 mortgage on my own and I have £20,000 from a family member. Could I buy him out? I feel like he won’t be happy until he sees me with nothing.

Thank you

Ring your solicitor. Speak to someone at her firm and request a telephone appointment to discuss the next steps.

If he wants to have it then he will have to buy you out. Let him finish the renovations then you will be entitled to at the very least 50% share (more like 60/70% share if you're the main carer of your child).

You will then be able to buy somewhere decent for you and your child. If you feel like fighting him for the house then you will need to be able to show that you can afford to buy him out and also you will need him to agree and this could drag on- ultimately costing you a lot of money.

I feel for you- he sounds like a right dick head.

The house will go into the pot to be divided between you along with all the other assets. You will be entitled to a fair share of the equity. It is highly unlikely that the courts would agree to him having the family home while you and your child have to make do with a flat.

Whether or not you can buy him out is not a legal question. If you can agree a price you can, of course, buy him out. But you shouldn't do so at this stage. It should be dealt with along with all other financial matters as part of the divorce.

Thank you.

@CiderJolly That made me laugh. He is a dickhead!

Go to a financial advisor/mortgage broker or your Bank & see realistically what you can borrow. It is kibd of odd that you are on tihle but he is on mortgage? As the legal owner of property, I am surprised your Bank did not insist on you being on the mortgage also.

Have you engaged your solicitor to apply for maintenance, legal separation ? If she sent the warning letter & abusive texts stopped then that piece is done.

Telephone the office say you'll hold as you need to speak with her or leave a message that you have called X many times & need a call back irt separation etc. Ask is there a backlog due to virus...maybe staff are furloughed etc.

Sorry OP that things unravelled so fast after the house sale in Dec...as the new loan etc has just added to your problems.

Good Luck

Thank you