Looking for advice on separation from husband

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Hi,

Me and my husband are potentially separating. He doesn't want to but for a number of reasons I'm unsure whether it's a good idea for us to stay together so he knows I'm looking into what has to be done if we do separate.

Oh that title deeds is his name, plus our parents. Mine is not. The house was purchased end of 2014 and we married in 2017. We have been together since 2012 but effectively his parents screwed us over when we were young and they got their name on the deeds and kept mine from being put on. From what I've heard you do not get financial help if you choose to live in a mortgaged home so I think that means for me and the kids we would need to leave. My husband couldn't keep the house going without me so I'm unsure what would happen but as his parents are on the mortgage I don't know where this would leave us. I have no relationship with them and my husband has a strained (they are one of my reasons for considering separating).

I work 12 hours a week and only make £450 a month and then have my child benefit on top of that for 2 kids aged 6 and almost 2. How do I know what benefits I would be entitled to? Is it best for me to private rent or go through the council or housing association? I'm completely clueless with all of this and no idea how to get the ball rolling. I'm not looking to divorce him so I don't know if a lawyer would still be required.

The mortgage and bills have only ever been paid between myself and my husband and the in laws have never contributed and my husband was the one who put down the deposit. I'd love to be able to stay here for my sons sake as he has his friends and school close by but I don't see his parents making that easy so if I have to move I'd love some advice on what's the best route to take.

Has anyone else been in the same or similar situation that could offer some advice?

Thank you.

You really need legal advice, some offer half an hour for free, google and ring around local solicitors and discuss with them. Your husbands parents sound like aresholes.

Sorry if this sounds like a stupid question but if I'm not looking for a divorce what would I need a solicitor to do?

I am a bit confused...
Who is on the mortgage? Who was the money lent to?
Is anyone a guarantor?
Who is on the house deeds?

You definitely need legal advice. Whether you separate or divorce you are going to need a financial agreement. Before getting advice you're going to need to know what proportion of the house is owned by your parents in law and is it a joint tenancy with your husband or a tenancy in common.

www.entitledto.co.uk to find out what benefits etc you might be entitled to.

Even though you are not getting divorced you still need legal advice to make sure you don’t make a wrong decision.

@PicaK

I am a bit confused... Who is on the mortgage? Who was the money lent to? Is anyone a guarantor? Who is on the house deeds?

My husbands and my in laws names are on the title deeds and the mortgage. Mine is on neither so technically its not my house. Technically its there's. They are not guarantors the house technically belongs to them.

@Purplewithred

You definitely need legal advice. Whether you separate or divorce you are going to need a financial agreement. Before getting advice you're going to need to know what proportion of the house is owned by your parents in law and is it a joint tenancy with your husband or a tenancy in common.

www.entitledto.co.uk to find out what benefits etc you might be entitled to.

It's joint tenancy.

Basically to put an extremely long story short I fell pregnant 7 years ago with our son after getting back together after being split for a few months. We were only 21 at the time, we had never lived together so we moved in and rented a place for 6 months then when my son was 5 months old I was pushed into agreeing to the set up. Foolish now I know but at the time was young and naive. I gave them £3k to settle solicitors fees etc. They did lie to me and tell me they'd add me on to the mortgage once I was back to work, that never happened obviously as its been 7 years. Once we got married they wanted nothing to do with it and we tried 2 times to get the mortgage in our name and remove them but it was always declined as in their eyes we don't earn enough, despite paying the mortgage and bills ourselves for the last 7 years with NO help and NO missed payments on anything. Now I'm wise to it they actually expected us to split up so they'd then get to take over the house (their plan was to rent out a second home, they are pretty well off people)

I realise I put 'our' parents on my post 🤣🤣I meant HIS parents, mine have nothing to do with it

Well technically it must be one-third owned by your husband, if all 3 names are on. So you own at least 50% of that one-third share. Have you got a copy of the deeds?

And you are not on the mortgage so that's good in a way as you are not liable for any payments.

What do you mean by "not get financial help?" For instance I live in a mortgaged house I own jointly (worth over £400k) and i get universal credit. What I don't get is any assistance towards paying the mortgage.

Your drawback is your DH could ask you to leave. The plus side is you don't own a property though.
You don't have to leave the house to separate officially. Just don't support each other financially or with washing, cooking etc.
Ring CAB Citizens Advice Bureau and ask about your options with regards to universal credit etc. They're very helpful.
Renting - council houses are high in demand. Private renting - can be wary of tenants on UC.

You don't own you own home so you can claim UC and get housing benefit.
Agree with PP, you are entitled to 50% of your DH's third share. Doesn't sound like he'll be able to afford living there on his own plus he'll have to pay maintenance for the kids.
Best case scenario, the in-laws buy you out of your claim.
You need to see a solicitor.

@NotAgainNoMore

You don't own you own home so you can claim UC and get housing benefit. Agree with PP, you are entitled to 50% of your DH's third share. Doesn't sound like he'll be able to afford living there on his own plus he'll have to pay maintenance for the kids. Best case scenario, the in-laws buy you out of your claim. You need to see a solicitor.

I don't think I would get help because I know you don't for mortgage and my husband or his parents aren't landlords. Either way it would be too expensive for me to do all by myself.