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Housing in divorce - what would court possibly decide?

7 replies

fairiesatthebottomofthegarden · 04/09/2013 07:52

Any advice - I am divorcing my h, he is in the marital home that it now appears he has an agreement over with his family, he has paid back most of the money he borrowed from them for it and my solicitor seems to think its now his. He had a savings account that he shut and handed the money to his family as soon as he received letter from my solicitor. I have about £1000 in savings now, I am claiming all the benefits I am entitled to and staying currently with family with the three dcs. I know he is going to refuse the suggestion of me returning to the home with the dcs despite the fact it's near their school and its their home, how would a court look on this? If I am not allowed to return I will be reliant on housing benefit and will probably have to move further out from the school as I am struggling to find somewhere near school I can afford:( thank you for reading

OP posts:
Lonecatwithkitten · 04/09/2013 08:16

Has you solicitor not advised how equity in house will be split as it is now his ie. a joint marital asset.

fairiesatthebottomofthegarden · 04/09/2013 08:34

No one seems to know as he and his solicitors are not forthcoming, it's certainly half his. Not very helpful, sorry

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misreadings · 04/09/2013 08:42

Why did you leave the marital home with the children? I think you need to talk to your solicitor about getting back into it as a matter of urgency, surely if it is the children's home and near to their school you should have priority.

Good luck.

Lonecatwithkitten · 04/09/2013 08:53

At some point he will be forced to disclose (I would suspect it is him not his solicitors). I'm sure your solicitor has told you delaying tactics and waiting for court to enforce information to be given is view very dimly and puts you in a stronger position by appearing the reasonable helpful one. Very frustrating I know I have been there on a different area, but in the end he will be the one shown in a poor light.

MissMarplesBloomers · 04/09/2013 08:57

You are entitled to be in the marital home as it s the DC's home too.

Move back in if you can bear it.

Why is it going to court? The solicitors should be able to sort it out without that expense.

He has deliberately moved his savings to avoid it being counted as assets. That should be included in his half of declared capital. Bet you anything his family have agreed to give it back once the divorce is complete.

fairiesatthebottomofthegarden · 04/09/2013 09:04

I left the home after an incident of fb, very reluctantly but it followed alot of verbal abuse after he received my petition-he disagreed with the lot:( I don't actually want the house just to live there for dcs sake and only for a few years. Thank you for your replies-I am desperate for any information and advice atm

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fairiesatthebottomofthegarden · 04/09/2013 16:06

That's meant to be dv,I didn't want to leave but I think he forced me out deliberately:(

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