Leaving family home

[sickofhusband]

Hi, I have an appointment but not for a few weeks and just would like to pick anyones brain if i could.
Bascially i'm having to leave the family home with the kids ,is half finished and never likely to get finished .
If i leave can he take me off mortgage without my consent, do i give up rights to this home and can i force him to sell?
If there are any legal brains out there it would be much appreciated!

No legal brain but I remember my solicitor saying that if I moved out with the kids he'd just take his time to get on with the divorce & her did, took 2 years!

I don't know that he CAN take you off the mortgage without your consent, the bank have to have your permission legally, I'm sure. Either way you are still entitled to half the assets. If you can bear to sit tight do, but if not just at least wait until you have your first appt with a solicitor.

Good luck!

Whether you are on the mortgage or not has no bearing on your rights to a share of the house. It only affects whether or not the lender can come after you for the money if the mortgage isn't paid.

I am assuming from your username that you are married. That being so you are entitled to a share of the assets when you divorce. You and your husband will have to declare all your assets. If you cannot agree how the assets should be split between you the courts will determine what is fair. That does not necessarily mean you will get half the assets as the previous poster suggested. You may get more or less than half depending on the circumstances.

The usual advice is that you should stay put until the divorce and financial settlement are resolved.

Hi , Thanks for the advice i actually went to cab today before my appointment as i couldn't wait that long and as luck had it they fitted me in today.
I now have a soliciter to ring and book in for advice , i'm in an abusive marriage and it's taken me 10 years to wake up and realise this so sitting tight isnt an option as he won't leave the house ever!
My plan is to get out and divorce him immediatly on the grounds of his abuse (unreasonable behaviour).
I need to do it all quick sharp before i chicken out !

Depending on how abusive your husband is, you might be able to get an injunction ordering him to leave the home, on the basis that you can't both live there together, and you need a roof over your children's heads. If it is physical abuse, and you can prove it, e.g. by photographs, or a medical report, or witnesses statements, you would stand a good chance of success. (I was a family law solicitor until I retired)

Agree with Glorious, you may be able to get an occupation order/non-molestation order to get him out of the house so you can remain there with the children. Make sure you have kept a diary of various incidents that could form a basis of your statement and also the other items as suggested above.

Thank you Gloriousconfusion ,i have seen a solicitor this morning and have been advised on a few options so feel a bit better.
Basically i'm just thinking about the options , i'm having counselling for the abuse which does include physical violence so the lady i spoke to said i would stand a good chance of getting him to leave the house as it's on record at the dr's although i've never been to the police ( don't know why).
I'm favouring leaving as there's a lot of work to do on the house and asking to be bought out or selling .
Also she said based on what i'd told her a divorce on the grounds of unreasonable behaviour would be granted .
I just need to think how to play things now , i just know if i raise the subject of a split he will go mad ,he's in complete denial thinks everythings great and it's all in my head!!
Maybe the thing to do is sort out a house for me and the children ,then just get the letter sent to him from the solicitor about a divorce once i'd left.

moving fresh start etc may be better if the house is unfinished in a state etc.

but - it may take sometime to sort out finances sell the house etc so you need to be sure to have enough money (income/benefits etc) to cover maybe a year or more renting or whatever

Good luck SoH I am similar, abuse, but unlike you no record of violence and mostly emotional and verbal, extending to children.

If the house is unfinished and unliveable I would opt for renting (?) somewhere and moving yourself and the children out while H is out to avoid continuing violence to yourself. Do be very careful, research shows violence escalates dreadfully when the woman is making a final break from an abusive relationship and your H is in denial already.

contact here for advice too, there would need to be consideration given to the children seeing their father and risk assessed, but that forms part of the divorce I think.

Try to have a restraining order in place as soon as practicable.

You may be entitled to more of the assets re the sale of the house because the DCs will be living with you, but there are a lot of variables, such as other assets, income etc that the court will weigh up. Your solicitor will advise on this.