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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.

Can I stay in house if name not on mortgage.

10 replies

ma84uw · 18/05/2024 10:17

My husband has cheated on me. He says was just kissing. She doesn't remember. It was caught on camera. Looks like alittle more happening than kissing but not full sex but you can't see everything as some parts out of camera shot. We have our own home. But mortgage in his name. I want to him to leave so I'm not up routing the kids and he's ok with that. But what are my rights can we stay there? I work part-time so would need help with benefits. Would I still be able to get them? Would I get housing benefit? Since this has happened her partner has gone to police accusing of rape as she doesn't remember anything and says she doesn't know what's happening. You can tell in video she does know whats and even tries to stop him from leaving but kissing him when he tries to stop. think he doing this for revenge. Husband now on bail under investigation. What happens next? What are my rights? I'm so scared what if happens and I have to tell my children he's in jail. I know he innocent but can't get over their betrayal.

OP posts:
PoppingTomorrow · 18/05/2024 10:21

Gosh what a horrible situation, I'm sorry you're going through this.

What country are you in?

Stay in the house with the children, Google "entitled to" or check Citizens Advice to find out what benefits you could get.

Could you work full time?

Mia85 · 18/05/2024 10:22

Sorry to hear this. You don't say which country you are in but if you're in England then you'll have 'family home rights' to stay in the property. These apply if you are married (or in a civil partnership) even if you are not on the deeds. You can take steps to protect you rights https://ejcoombs.co.uk/homes-rights-what-rights-do-i-have-if-the-family-home-is-owned-in-my-spouses-sole-name/

Homes Rights: What Rights Do I Have If the Family Home Is Owned In My Spouse's Sole Name?

Safeguard your home rights in a divorce. Learn how to register with the Land Registry for protection. Early advice matters

https://ejcoombs.co.uk/homes-rights-what-rights-do-i-have-if-the-family-home-is-owned-in-my-spouses-sole-name

millymollymoomoo · 18/05/2024 10:29

The house is a marital asset regardless of whose name it is in or who’s name the mortgage is on

whether ultimately you can stay longer term is a separate matter and will depend on many factors not least your ability to release him from the mortgage on it and take one in your own name

If you go for permanent separation and divorce you’ll need to look at all
assets, earnings and potential etc to determine the split which may mean the house will be sold

in the short term register home rights, look at benefits, think about returning full time

where does he plan to go and can he afford rent on another property plus paying mortgage?

are you 100% sure your marriage is not salvageable?

Bub1765 · 18/05/2024 13:56

Unless it is "full sex" (as in penetration) it isn't rape, it would instead be sexual assault. What has he been charged with? Or has he been charged with anything at all?

The test of guilt is to prove 1) there was not consent and 2) he reasonably knew there was not consent. If she was drunk she could not consent and that might be an issue.

The outcome of this charge will be material to the outcome of what happens to your home. If he is convicted, loses his job and has a custodial sentence then his housing needs will be much greater upon release than they would be if the charges are dropped and he can continue working.

ma84uw · 18/05/2024 14:43

England. Currently sofa serving as hasn't found anyway yet. Still under investigation for weeks yet so if he got somewhere he might have to give it up anyway if charged. When you see her moaning and consenting to kissing its at start and end off video when telling him no to leaving and starts kissing him again. Yeh I'm thinking of going to citizens advice. We have been best friends for years which makes this even worse.

OP posts:
Channellingsophistication · 19/05/2024 09:15

sorry you are going through this. You have to stop thinking about him and focus on you and your children.

Get legal advice asap. The house is half yours even though not on deeds as its a marital asset as said above.

Shondaland · 19/05/2024 09:17

It’s also irrelevant whose name the mortgage is in; that’s the security instrument the bank has over your house to secure the loan. Do you mean that the legal title to the house is just in his name ? But as per pp, if you are married you are in a good position to stay in the home following the steps above.

Bub1765 · 19/05/2024 17:44

ma84uw · 18/05/2024 14:43

England. Currently sofa serving as hasn't found anyway yet. Still under investigation for weeks yet so if he got somewhere he might have to give it up anyway if charged. When you see her moaning and consenting to kissing its at start and end off video when telling him no to leaving and starts kissing him again. Yeh I'm thinking of going to citizens advice. We have been best friends for years which makes this even worse.

It doesn't sound like this will be very good evidence to prosecute on although I'm struggling to understand how you have gotten possession of evidence in a sexual assault/rape investigation?

I think a "no comment" interview would close the CPS file pretty rapidly. It doesn't sound like he has (legally) done anything wrong.

ma84uw · 19/05/2024 19:06

It was on thier ring door bell. The boyfriend sent me video but went to police since then.

OP posts:
thompson761276 · 18/08/2024 00:33

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