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Divorce/separation

Here you'll find divorce help and support from other Mners. For legal advice, you may find Advice Now guides useful.

Divorce and wide says she can sell our house

38 replies

Googleboxfan · 18/06/2021 22:12

Wife said she wants to separate probably divorce. (We're a female same sex couple) She said for me to move into our a flat we rent out and she can live in our home with daughter. I said I don't want to split and I shouldn't have to move out and I can stay with daughter.
We agreed a few years ago that I would work part time so I could look after house, daughter etc. So my wage is only £720 per month.
I can't afford to live off that amount on my own and she knows that.she is basically going to leave me high and dry. I've looked for full time jobs but non available.

Also, my car is in her name and is paid for my our joint account. She is the main breadwinner as she is a high earner.
She also set up a Community Interest Company which she made me Director of as she is also. She is saying I won't get a salary from that.
She is also saying she paid more into our mortgage with her 'own money.
We are both married.
I have rang solicitors to see if they offer free advice but non do. Citizens Advice said they will ring me Tuesday.

I have no money to pay for any advice and can't afford to pay for bills on my own

Any help or advise from anyone who's been in a similar situation. I am broken

OP posts:
DeRigueurMortis · 18/06/2021 23:50

@dane8

If she’s taken money from joint, so can you? Do it, don’t leave yourself high and dry

No don't do that as in tit for tat.

Leave her to be the "bad" person.

That said it's worth taking £1k and emailing her that in light of the current circumstances it's expressly for you to get legal advice.

That's reasonable and keep the receipts to prove that's what you spent the money on.

Fuckitsstillraining · 19/06/2021 00:17

Relax a little, I doubt anyone is surprised that two women can get married but your terminology is odd, I would never say that my husband and I are both married because it is unnecessary, it sounds like what two people living together but not yet divorced from previous spouses would say.

ElGuardiandenoche · 19/06/2021 00:19

Have a look at this site as well.

divorce.wikivorce.com/about-us.html

idontlikealdi · 19/06/2021 10:01

@AnneLovesGilbert

Could you borrow some money from a friend or family member?

The house may be sold as part of the divorce but it belongs equally to both of you and she can’t force you to leave. She wants to split up so she should leave if you no longer wants to be together.

She’s financially abusive so you might be able to get advice from women’s aid.

How old is your daughter?

I’m so sorry you’re going through this. It’s shit but not desperate, there is help out there. Chin up and get practical. Do you have any real life support?

No one would advise a woman leaving a mean to 'borrow money from a friend'.

What a ridiculous fucking suggestion.

Beautiful3 · 19/06/2021 10:05

You have to stay in the family home. Dont let her make you leave. Stay as you are. You're going to have to use and pay for a solicitor, its the only way out of this mess. Using the savings to pay for it.

AnneLovesGilbert · 19/06/2021 10:16

If she’s got no access to funds and needs £150 to see a lawyer it’s not a bad idea. Not sure why you’re being so grumpy.

Dualipasuction · 20/06/2021 09:56

How are things today @Googleboxfan?

Googleboxfan · 20/06/2021 10:07

@Dualipasuction

How are things today *@Googleboxfan*?
I've slept at my friends house. Yesterday I tried to talk to my wife about finances and she went balsamic with me saying I only think about finances. I said if you are wanting to leave I need to sort myself out with help.

I've checked our bank accounts and she transferred 1k from our joint savings and another £500 out of our joint current account. There is money in the accounts to cover utility bills

OP posts:
Googleboxfan · 20/06/2021 10:08

I've sent her a text message saying to her I love her and don't want us to break up however I can't force her to stay. If she wants to leave we need to discuss what plan she has in plan so I can access the relevant help elsewhere

OP posts:
Outbutnotoutout · 20/06/2021 10:12

Take the money you need from you joint account and go and see a solicitor.

She sounds like she is financially controlling.

Do not move out.

Take all paperwork of wages, bank statements, pensions, business earnings etc to the solicitor

Jada1234 · 20/06/2021 22:28

you can get 30mins free advice from most solicitors. xx

BunnyRuddington · 21/06/2021 07:42

Are you speaking to Rights of Women this week OP?

FutureExH · 01/07/2021 15:42

I've seen your messages worrying you will lose everything and I've seen others saying "take her for every penny."

Contrary to popular opinion, divorce law in England is very fair. That means:

  1. She can't order you out of your home; and
  2. You can't take her for every penny.

If either of you set out with that winner takes all attitude, the only real winners will be your solicitors.

I don't know the exact details of your financials but these are some basics you should be aware of:

  1. A court will not allow you to be left high and dry. You are the financially weaker party and that means you will probably get an asset split in your favour (normally anywhere from 60:40 to 70:30). There is no such thing as "her own money" if you are married and she has spent it on something you share like a matrimonial home;

  2. You are also the primary carer for your DC. So you will more than likely get residential custody although you may also have joint custody where DC spends a number of nights per week with your STBXW. If there is a big income discrepancy, you will get some child maintenance even if the split is close to 50/50.

  3. Potentially there is spousal maintenance involved but unlikely unless she is a very high earner. Reason being spousal reduces the amount of universal credit you can claim (on your income you can probably get around £600 more a month in universal credit, check entitledto.co.uk). So she would have to be in a position to pay you well over £600 a month for it to even break even on what you already get and that's money she could spend on your DC.

  4. Car is a marital asset. If it's financed it might not be worth much net though.

  5. You will get a split of her pension. I think your age will be a factor in how much that is and if you get more of the current assets (e.g. home equity) you might get less of the pension. Pensions tend to be worth less than face value because they are potentially taxable in the future and you can't put them to use right away.

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