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Legal matters

Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

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Original poster

Husband kicked me and baby out of marital home

25 replies

jeyda · 19/12/2017 12:03

My husband has a gambling addiction and kicked me and my 8 month old baby out the house and rented out the rooms illegally to fund his gambling addiction. I am staying in my parents house temporarily but have no idea what to do? Legally can I return to the house and ask tenants to leave? The house is in his name and so is the mortgage, we have been married under 2 years. Help!!

OP posts:

prh47bridge · 19/12/2017 15:53

Get professional legal advice urgently. You should be able to get an occupation order allowing you to move back in at least for the next few months. A lawyer in possession of all the facts will be able to advise you on your longer term options.

laudanum · 19/12/2017 16:32

I'm sorry but I don't think you're going to have much luck getting back in. If the house is in his name, he can probably rent rooms out to whomever he likes, unless he's renting them to folks who aren't supposed to be in the country? What do you mean by illegally renting?

I'm sorry he is such a twat. Will your parents let you stay with them long term?

AfterSchoolWorry · 19/12/2017 16:34

It doesn't matter if the house is in his name though, they're married!

AfterSchoolWorry · 19/12/2017 16:34

Which means it's half hers.

ScottishDiblet · 19/12/2017 16:38

Call Shelter asap. Hopefully they can help you. Good luck.

laudanum · 19/12/2017 16:40

I could be wrong, but I think the only way she would be entitled to half, is if divorce was on the cards and assets were being divided, depending on where in the world this is happening.

LipstickHandbagCoffee · 19/12/2017 16:45

So sorry you're experiencing such a hard time,how v upsetting esp with a baby
Ok,so see a solicitor immediately, if you have shared accounts transfer some monies for yourself
If your salary etc goes joint acc that he can access get salary to new acc
If you have any of your own monies/saving transfer to a sole acc he can’t access
Get and keep your baby passport and birth certificate,and your passport

prh47bridge · 19/12/2017 17:00

Ownership of the house has not changed. It is still his. However, it is an asset of the marriage and will be taken into account in the financial settlement if they divorce. As they have only been married two years she may not be entitled to as much as she would get had it been a longer marriage.

However, the fact the house is in his name does not stop her getting back in. As I said in my first post, she can apply for an occupation order. She is the spouse of the owner so is entitled to apply. She could also apply if she was the civil partner of the owner or had cohabited with him. This is all set out in the Family Law Act 1996 Part IV.

wheresmyphone · 19/12/2017 17:01

Phone Women's Aid now. Google their number. Or failing that, Citizens Advice, though they will be closed now. Citizens Advice will have names of local women's groups. Get off here and get proper advice. Shelter can help but you have issues here that go beyond housing.

CotswoldStrife · 19/12/2017 17:04

It is unlikely that the terms of the mortgage allow him to rent out rooms tbh. You could report him, but if you have any equity in the house think about that first. That doesn't help you get back in the house though!

Has he been paying the mortgage or not, do you know? I know you said it was in his name, but he may have used the mortgage money for gambling.

AfterSchoolWorry · 19/12/2017 17:15

I see, OP would you start divorce proceedings, then you'll get half the equity?

Original poster

jeyda · 19/12/2017 17:30

This is great advice thank you all so much! Parents said I can stay temporarily which is good news! I will definitively look into the occupational order, I am still on maternity leave so funds are very limited. I hope it won't cost much to get this order! He is paying interest only on the mortgage so it's couple of hundred pounds a month. He has excellent income from his job and £1800 rental income which he is gambling away each month. I have been left with nothing, no roof over our heads or child maintenance. Addiction has ruined his life and ours :(

OP posts:

Original poster

jeyda · 19/12/2017 17:34

In terms of divorce, because of short marriage I don't think I am entitled to much. However we have a child together and he has a duty towards her so hopefully I will get something out of him! I know for fact if things continue this way he will loose the house aswell and my daughter will be left with nothing.

OP posts:

KERALA1 · 19/12/2017 17:34

Borrow some money from your parents to see a really good family law solicitor. You are married so irrelevant in whose "name " assets are.

prh47bridge · 19/12/2017 17:51

then you'll get half the equity

Not true. She will get a fair share of the assets of the marriage, which includes the equity in the marital home. However, that does not necessarily mean she will get half the assets. A fair share can be more or less than half depending on the circumstances.

Berthatydfil · 19/12/2017 17:56

Please get legal advice. He has to support his child and this may mean you might get more than 50%, but you won’t know until you get advice and get the ball rolling.
None of us here know exactly - disclaimer
However if he is only paying interest only is there actually any equity in the property?

Original poster

jeyda · 19/12/2017 18:02

Yes there is equity in the property as he purchased it many years ago and it is in central London therefore it has more or less doubled in price over the years. First thing on my list tomorrow is to seek legal advice. Thank you all!

OP posts:

MrsBertBibby · 19/12/2017 18:59

You can get legal aid for an occupation order so it should be cheap or free. Find a Solicitor who does legal aid.

CotswoldStrife · 19/12/2017 19:02

You are allowed to rent a room up to £7,500 per tax year (that's the income allowed) so HMRC would probably take a keen interest in his activities as well. Hope you get something sorted soon.

mummmy2017 · 27/12/2017 14:23

Got put a liability order on the house, to stop him selling or Mortgaging the assets.. Take hardly any time to do this... Get legal help

Want2bSupermum · 27/12/2017 14:30

Please listen to prh47bridge. Their career is in family law.

My friend was married to a man who was considered a flight risk so she got 75% of the marital home but he wasn't responsible for paying for childcare, school fees or tuition for tertiary education. Something to ask and investigate given his gambling issue.

BubblesBuddy · 29/12/2017 12:04

The courts take length of time married into account and the fact there is a child when assets are divided upon divorce. So do see a solicitor ASAP. Half is not necessarily what a spouse gets.

PersianCatLady · 01/01/2018 16:22

Please listen to prh47bridge. Their career is in family law
I second this, prh47bridge knows more law than anybody else on this Legal Matters board.

prh47bridge · 01/01/2018 20:21

The compliment is much appreciated but I really don't think it is true. We have a number of very knowledgeable posters on this board - Collaborate, Babybarrister and Familylawsolicitor spring to mind (with apologies to those I've missed).

PersianCatLady · 02/01/2018 12:02

We have a number of very knowledgeable posters on this board
I don't think I have come across the other names that you have mentioned but I see your posts all the time.

You are too modest.

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