Charging rent on the marital home?

[GrapevineFires]

Hi

I'm asking this on behalf of a friend.

Friend has recently had her decree absolute. They were married 20 years, bought the house about 8 years ago, but due to her having poor credit it was purchased in ExH's name. Her name was never put on the deeds or mortgage.

The financial side has still not been separated and that is an ongoing battle at the moment.

She is living in martial home with the two children. Up until now, she has been sending him the money for the mortgage and he has been paying it. Now the decree has come through, he has sent her a tenancy agreement at market rate (3x the mortgage cost which she cannot afford).

She is speaking to her solicitor but has been told he is entitled to do this. Is he? Is there anything she can do for now?

She did apply for a marital right of occupation before the divorce, but I presume that's no longer binding if they are no longer married.

Not sure I know enough to advise but did they sign a consent order before the marriage was dissolved? If so, what does it state with regards to the marital home? Given the length of their marriage the house should be treated as a marital asset regardless of whose name is on the deeds. Is there any equity in the house?

Normally a financial consent order is done between nisi and absolute, as ending the marriage by applying for an absolute removes certain rights as you are no longer married. I believe he would be within his rights to charge rent for his half of the home if it was jointly owned but as she is paying the full mortgage amount herself and is resposible for housing their two children I think a judge would likely agree that his behaviour is unfair. They need to get a financial consent order asap, the house may be in his name but it is still a marital asset and if the children are to remain with your friend I would expect the percentage split to go in her favour as she has three people to house and he has one x

My solicitor advised to ensure the finances were agreed before decree absolute, for this reason.

She needs legal advice and to sort the consent order asap. Im guessing he probably can charge rent because the marriage is legally dissolved;but its a dick move as it might come back to bite him when consent order finalised. She might be able to get some legal 'hold' put on things to keep status quo until it's sorted?

Her solicitor should have discussed a financial settlement 're the house and support for the children. I would get a valuation asap as the starting point is 50/50 regardless of being in the deeds or not. Pay nothing by cash and ensure there is a papertrail until your solicitor gets their finger out.