Caged Animal

[Chloe1973]

I've finally decided to leave my husband after many years of indiscretions. Divorce is currently in progress.

He owns the house that we live in as well as 2 other properties. We jointly own a property which currently has tenants living in.

Husband won't agree for me to move back to the family home with kids as he says that he cannot afford it ( he remortgaged etc to get new home) Tenants pay £700 over monthly mortgage amount and obvs I would only pay my share. I feel so trapped. The relationship is so toxic I really can't stand living with him.

I've increased working hours in order to be able to privately rent then take him to court but even on a 30k salary I would struggle to rent a 3 bed. Then paying for mediation / court orders cost a lot of money. I feel sick like I'm going mad!! This man who I have given so many chances has absolutely ruined my life and I have to stay here and live with him. Any advice appreciated. x

When you get divorced, your assests will be split between you, whether he likes it or not. It doesn't matter that he owns the main property, that's the benefit of being married, you get all these rights anyway! In the meantime, I would reccommend you speak to a solicitor for further advice. But your financial situation won't be as bad as you think it will be.

Where are you living if not in the FMH?

Oh, I think I see. BOTH properties are rented out.

If that is the case then you need to apply for an occupation order to return to the FMH. If you get that in place, then notice can be served on the current tenants. In fact, if the house is jointly owned, you can serve a s8 notice on the tenants yourself - if the tenancy agreement indicates that it was your former home.

See a solicitor - it may well cost, but it will cost you more in the long run if you don't do it now.

You’re married and have kids - the properties will almost certainly be considered marital assets and split between you. It doesn’t matter whose name is on the deeds, because you’re married.

Do you have a lawyer? You need to get them to talk you through what you’re likely to be entitled to.

HE doesn’t own anything. The houses are marital assets
You need proper legal advice