Legal Rights on the house registered under Husband's Name but I have paid more

[BelleBelleBelle]

Could someone advise me on legal rights on a house which is registered under my husband name but I have actually paid more into the house all along?

I have had enough with my husband who I have been married to for 21 years.

I have gone through a lot and put up with so much but I think I have to think about myself.
We have a daughter who is now at university who also had to deal with his behaviour for so long now that she is away and sees how "abnormal" our family dynamic has been. I am not British, but come from G7 country.

The house we have been living in the past 18 years is on my husband name although I have paid a lot more than he has.
I have been working full time for more than 20 years.

We bought a house together before we got married 21 years ago.
I had capital in cash and he had a flat on mortgage which he had bought a few years before we met.
He sold the flat and he decided to keep that mortgage which was on good deal based on the advise from financial advisor at his bank, Lloyds TSB (at that time).
I had a saving which I put towards the purchase of the house more than the equity from the sale of his flat minus the mortgage he put in as the deposit as well.
Well, that is what he said but I look back now and think it was not possible to actually think that way as the mortgage was still left and there was no obvious cash equity.
I never had to worry about money and I must admit perhaps I was naïve, but we went to see our solicitor and spoke and I did question some of those topic and I understood and agreed so I do not worry too much about it.
So fact is I paid more towards the deposit than him.
Perhaps 10-15K more just for the deposit alone.
Before we actually moved, he was sacked from his work where he was a store manager of sort of high end fashion retailer in London due to "gross misconduct", he says he left the cash from sales without putting it in the safe.
I was not even working then as I had left my well paying work to go back to study at university with cash saving in my bank and I still had money after paying deposit so I told him not to worry.
He eventually found another job before too long though. After a year and a half, he went off sick and eventually we decided to sell the house as the mortgage was high despite the fact we paid almost half as deposit but with just one income as I had quit the university and started working full time.
It was London. When we sold the house, the equity was good but somehow we decided to keep his old mortgage from the flat he had before we met as the bank also said it was a good deal so we probably should keep it.
But in order to keep the mortgage, we had to put the house we bought away from London on HIS name.

Does anyone know what right I have on this house?
He eventually left the work without ever going back after going on sick and he eventually went on disability benefit and never worked.
I have been working full time.
My wage has been going to our joint account and he has been controlling the money.
He “manages” our finance.
He thinks he has equal right to the money on the joint account although I am earning with my full time work and him on benefit. I may need to go to a solicitor but it costs. We are really struggling and I cannot afford to pay the solicitor. If there is any other place I can go and ask for advise free of charge, I would like to know.

On the face of it.. long marriage, assets split 50/50... you will need a solicitor if you wish to do anything different.

Doesn’t matter whose name it’s on
or who paid what

you’re married do it’s a joint marital asset along with any other assets ( money, pension, etc)

How it’s split will depend on many factors
a solicitor will guide you

and if you’re working and he’s not his’ reds’ are higher do his claim could be more….
you cannot afford not to have a solicitor

Thank you for advice. Now I know where I kind of stand. He used to shout and scream I have sone recordings. They were clearly verbal abuse I and my daughter had to endure for so long. He has only stopped shouting about a year ago when my daughter went off to university I really had enough and I was considering divorce. My daughter went to counselling at 6th form college as it just had been bothering her do much to deal with his behaviour and study. The counsellor told her after hearing what had been going on from my daughter that she was certain my husband had Asperger. He called me and my daughter all sorts with searing words, scream and shout, then he would just behave as if nothing had happened. I just couldn’t understand that mentality of his and I thought it was just abusive behaviour, and selfishness. We just cannot gave a normal conversation. My daughter has seen everything and she just wished I left him long tine ago. I am not scared or anything. I was the one who was financially stronger. But hearing above advice, I probably should have left earlier, guessing longer the marriage was, more the other one who is not in work can claim. Can he claim for my pension part as well? So the first step will be a solicitor and earlier the better…. Although I don’t have any savings of my own, the current living cost crisis has put us in debt for £10k putting energy bills on credit card. We have kind of open plan house which is not energy efficient and my husband has arthritis .

It doesn't matter why the marriage has broken down, the finances are separate. As your dc's are no longer classed as dependants, the starting point will be 50/50. It doesn't matter who's name is on what, all assets, inc houses, pensions, savings and also debts go into the pot.

There’s a lot to unpick here. First of all, any money or property you own either jointly or separately is considered joint, so regardless as to who’s name is on the deeds, you are entitled to half. But he is also entitled to half your pension. The debt is also a joint debt regardless as to who’s name it’s in.
The very first thing you need to do asap is to get your salary paid into your own bank account and don’t give him access to it. Get copies of the bank statements on your joint account and make it your business to familiarise yourself with them. If you’re not sure how to do that, try to get into a branch and ask them to print off copies. You can speak to a bank advisor in branch and ask them to explain your statements - tell them your husband has been financially controlling your money!
you don’t necessarily need any money up front to pay for a divorce, and indeed it can be done without the help of a solicitor - but that’s not advisable where finances are concerned. So getting some legal advice should also be a priority.

yes the pension is in the pot for splitting too

please note that he’s not entitled to 50%
he is entitled to a fair share. And that’s fair in the eyes of the law, not what you think is fair, or morally etc. the law does not necessarily care who has paid for what, rather considers everything joint and settlement based on needs and trying to leave both parties on relatively eqyal
footing

however, Faye could also mean more or less than 50-%

you need legal advice

Very educational that I had never really knew those things. Thank you very much everyone who has taken your precious time to post comments with information.

If the marital home is in his sole name then you should register your rights in case he tries to sell. This may help, but certainly mention when asking for legal advice.
www.gov.uk/stay-in-home-during-separation-or-divorce

I’m in a similar position with regards to verbal abuse and grown up children. One went to Uni and stayed in her Uni town. The other still at home with MH problems, and cannot live independently - many attributed to his behaviour. Unfortunately abusive behaviour only counts (in financial split) when very serious - ie if one party had injured the other to the extent they can no longer work.

The message I am getting from solicitors, barrister and court is that in a long marriage, it is very difficult to get a departure from equality, even though I have to house an independent adult. Further complicated by me being the main earner, him working part time and wanting maintenance too. Best thing I did was persuade him to get a job a few years back, having not worked for many years.

Family law is very much on the side of the weaker financial party. Whilst I fully understand homemaker contributions can make a true 50/50 partnership, this attitude does tend ti to encourage lazy spouses.

Hopefully your husband will not be able to claim he is incapable of working?

Thank you for the comment. I am planning to wait for a couple of months before I actually make a move other than seeking legal advise as I am planning to change my wage to go to my account once the mortgage is finished which is only a couple of months now. That is when I will demand to make the registry as our joint.
My husband has been on incapacity benefit….

You can't keep a mortgage when you sell a house and use the money to buy another house - or not that easily anyway.