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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.

Original poster

Dividing home?

19 replies

newmummylucy · 18/06/2021 23:38

Hi all

I wanted to ask if anyone has any experience/advice on this...my husband and I are (potentially) going through divorce and we have a son together.

My husband has owned his property for 13 years and I have only been married to him and living there for 2 years. His property is worth almost 1 million pounds. If we divorce will I be entitled to anything? I ask as I have our son to house and I myself don't have any money or property and I'm sick to my stomach with worry thinking about where we will live if we divorce.

From what I gather I understand I'm not entitled to 'half' as he's owned it for so long but can anyone shed some light on this please?

My husband is very abusive and I am looking for a way out with my son but at the moment I feel stuck there as I don't have the money myself to buy/rent a house.

Please be kind.

Thankyou.

OP posts:
ThisIsStartingToBoreMe · 18/06/2021 23:40

How much equity is in the house and what other assets are there?

Two years is a VERY short marriage.

Original poster
newmummylucy · 18/06/2021 23:43

I think there is around 500000 equity in the house and he also has another home too.

Yes I know it's a very short marriage but I hurt can't stay with someone abusive 😞

OP posts:
Original poster
newmummylucy · 18/06/2021 23:44

*cant

OP posts:
ThisIsStartingToBoreMe · 18/06/2021 23:49

Honestly, it's not looking good Sad. On short marriages people very often get court ordered to leave with the assets they came with.

As soon as Paul McCartney knew his marriage was over, he wasted no time in filing for divoce from Heather Mills. He then argued that it was a short marriage and obviously Mills got nowhere near 50% of the assets.

I guess what i'm trying to gently say is that you may leave empty handed. Has your DH been married before?

Original poster
newmummylucy · 18/06/2021 23:50

No he hasn't been married before, and he is more than 10 years older than me.

We have a 1 year old son

OP posts:
ThisIsStartingToBoreMe · 18/06/2021 23:53

Have you spoken to him about trying to negotiate the terms? I guess as he's abusive he's refusing to co-operate. Just be mindful that he might file first, so as to keep more of his assets.

Original poster
newmummylucy · 18/06/2021 23:56

Yes, he wants to give his son what he's 'obliged' to and that's it. He earns almost (200k a year)

He has police cases against him for our son and also a police case and notes with my pregnancy doctor etc about emotional abuse - which is the reason I am leaving so I think it should be very clear to the court that I am not leaving just to get his money. I just don't know how I will house our son

OP posts:
ThisIsStartingToBoreMe · 19/06/2021 00:03

What do you mean "he has police cases against him for our son"?

Original poster
newmummylucy · 19/06/2021 00:05

I don't really want to go into it on here incase he somehow finds it but he was looking after of our son and something bad happened that was his fault and he got a court case for it and social services etc got involved

OP posts:
RandomMess · 19/06/2021 00:06

How long did you live together before getting married?

Original poster
newmummylucy · 19/06/2021 00:07

We only moved in together once we were married

OP posts:
ThisIsStartingToBoreMe · 19/06/2021 00:18

If social services and the courts think that what he did was mild enough to allow your son to continue to live with him then I don't think this would have any bearing at all on your divorce settlement. I still think you're going to come out of this with very little.

Can you start looking at rental properties? You'll get child support and universal credit.

Original poster
newmummylucy · 19/06/2021 00:20

It wasn't mild. My son nearly lost his life.

It got dropped with court because of covid. But yes, he has nothing to do with our divorce settlement.

Yes I am entitled to universal credit which is a good start, I think I will seek advice from a solicitor too and go from there. Thankyou

OP posts:
HeddaGarbled · 19/06/2021 00:48

You should be entitled to legal aid to pay for a solicitor because of the abuse.

Because it was a very short marriage, you are unlikely to get much, if any, share of the assets.

You should get substantial child maintenance as his salary is so high.

In the short term, you should talk to your local authority housing department about emergency housing. You will be top of the list because of the abuse and the age of your child, though it may mean refuge/hostel/b&b until somewhere suitable becomes available.

MarianneUnfaithful · 19/06/2021 08:11

Yes, see a solicitor OP.

Prepare as much info in advance as you can to show the solicitors.

Make and keep copies of all the court docs, social service reports, all the evidence.

Make a bullet point losing everything that happened with rough dates.

Do you have access to any of his financial info? Take photos / make copies. Note address of his other property. Do you know if he has a pension / savings? Jot it down or save evidence.

As far as I know the court will prioritise your child having a roof over their head so you may well get enough for that.

Be calm and low key, don’t start discussing anything about details of financial separation with him. He may well become even more abusive and will try and hide his assets.

The most important thing is that you are leaving him. Well done!

And knowledge is power, so see a solicitor. And fight for a roof over your child’s head! But in any event, get away from him.

Good luck.

Original poster
newmummylucy · 19/06/2021 08:35

Thankyou so much.

I know nothing about his finances apart from what he tells me. He gives me no access to bank accounts etc so I can't see how much his savings/earnings are accurately, I just know what he's told me.

I don't know anything about his other property either.

I have been documenting the abuse since the start of my pregnancy when it began which is something at least

OP posts:
Muchmorethan · 19/06/2021 09:07

If he earns 200k then that will be significant child maintenance

Tinkywinkydinkydoo · 19/06/2021 18:38

In regards to child maintenance, it gets capped at around £150k, that will obviously be a substantial amount but if you want anything above that , like half of school uniform, fees , extra curricula's etc you will need to get a court order for it.

titchy · 19/06/2021 18:40

See a solicitor. Although it's a short marriage you have a child together and that is far more important than the length of marriage.

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