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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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Can husband force house sale if he pays the mortgage?

85 replies

stbex · 01/11/2022 10:01

Abusive, violent husband with ongoing MH issues (depression). Awaiting assessment for ASD. Police involvement on 3 occasions where he was threatening or actively hit out (always me, never the children but they witnessed this).

Never had joint finances. He categorically refused to do this. We've jointly owned a flat where I put down the deposit and paid for legal fees (all evidenced via bank transfers, etc.). We moved into a house just recently (6 weeks ago) and again, I contributed a large amount to the deposit. Jointly owned- 50/50. He recently had a rant and hit me and I called the police. I didn't press charges because he pays all the mortgage (has always insisted he'd be in charge of the mortgage) and bills (earns almost double my salary) and I cover nursery fees, etc.

Our marriage is over (has been for a long time but has taken me time to come to terms with it) and husband was released from custody and returned home. However, threats have no started with him saying he'll make it his business to make me homeless by forcing the sale and taking my share of the house because he's always paid the mortgage (money goes out of his account). This would leave me in a ridiculous situation- I can't afford the mortgage repayments on my own and the childrens fees and household bills. I can do one or the other. He is going to make this as hard on me as possible. He claims the law will side with him as he can't afford to pay the mortgage here and find a place to rent on his own.

What are my legal options? I'm scared and have buried my head in the sand for too long but it's now time to rip the plaster off and take stock of my life/situation. DC are 2 and 4. Older one has additional needs and goes to a specialist private nursery and likely will continue there through school.

OP posts:
GardenMind · 01/11/2022 15:49

You have got this . Don't loose faith . You will get through this . You are stronger than you think. What great learnings from everyone one here how lucky we are to have this community. Peace and love to you.

creideamhdóchasgrá · 01/11/2022 17:03

stbex · 01/11/2022 14:35

Okay, so I've just spoken to the solicitor who was very Frank and almost cutthroat in her advice. I really needed to hear the confidence with which she shared certain knowledge and advised of next steps. Seems it's going to cost me to get this process started but I'm willing to invest. She said she'll be sharing some documents with me later. Something about an finance order. Is this the form E? Sorry- still processing things.

See My previous post also.

First, it is important the children and you are safe, and protected. Help is here:

www.gov.uk/guidance/domestic-abuse-how-to-get-help

What you describe is domestic abuse, and you are in danger. Your children are also at risk. Help is here:
www.solacewomensaid.org

The organisations in the links above can help you make a plan and get to a safe place.

Second,

Divorce and Financial Settlement

You are early on in the process and you have time to process the information you have been given here, and by the solicitor you consulted, before making any big financial decisions and agreements regarding financial settlement upon divorce.

Long post and it will be a lot to take in - but you can come back and re-read throughout the divorce and financial settlement process.

But first, please seek help so that you and the children are safe from harm.

My previous post provides links to places you can get free legal advice and information that will help in divorce and financial settlement - in addition to your solicitor.

So, your questions about financial orders and Form E...

My understanding is there are two aspects - the divorce and the financial settlement.

Financial Settlement
The financial settlement, if agreed between the two parties, essentially becomes a consent order - A Judge sees this and checks it is fair and then makes an order which is legally binding. This sets out what each party gets (putting it simply).

If a financial settlement cannot be agreed - or help is needed - a mediator can be used. In domestic abuse situations mediation is not appropriate so you would probably skip this bit of the process. A mediator / solicitor would advise on this and how to communicate this to the court if necessary. If a financial settlement cannot be agreed there s a court process.

There can be a Financial Dispute Resolution Hearing and this can end in agreement and a consent order. There can be a Directions Hearing where the Judge looks at the essentials of the case and gives an indication to the parties what a likely outcome would be if the case went to a full hearing and this can end in a consent order. There can be a final hearing where the Judge decides what the final order will be and issues a final order which is legally binding and sets out what the split is.

Form E
So it's really important you know what all the assets of the marriage are and what each of them are worth.

This is where Form E comes in. If the parties don't know what all the assets are, and they don't know what each of them are worth, they can't make an informed decision or agreement about what the split should be.

To get what is called full and frank disclosure of the assets of the marriage, each party is required to fill in a Form E.

Form E shows you what full and frank disclosure looks like.

You say in your post your Husband has separate finances / accounts and works in finance. It may be he has pension(s), bonds, stocks and shares, and savings you do not yet know about. It is a requirement of Form E that these are disclosed, if he has them.

The Form E is a long document where each party provides information on all of the assets of the marriage and what their value is. Each party attaches documents to their Form E to prove / evidence what each of the assets are worth.

So, each of you fill a Form E in and then you swap it. Once you see the Form E from the other party, you get to ask them questions (in writing) - (Questionnaires). If you are not satisfied with the answers they provide, you can ask another set of follow up questions (in witing) to deal with the deficiencies (Deficiencies).

By the end of Form E, Questionnaire and Deficiencies, parties should have all the financial information necessary and required. If not, and the other party is reluctant to disclose assets and / or their value, you can send a solicitor's letter requesting them or ask for a court order to compel them to do so.

Assets like the former matrimonial home will need a valuation from an expert (estate agent), and pensions - which are sometimes worth as much or more than the family home - are valued by a CETV (Cash Equivalent Transfer Value). Each party attaches the CETV for each pension they hold to the Form E. Pension providers send these to the pension holder on request.

Sometimes pension providers take a while to provide CETVs to the party. So if a party ticks "to follow" about CETVs on the Form E, and does not provide a CETV, it is important to follow this up until the evidence is provided. The same can be applied to other assets - it's important to get all the assets "on the table" before negotiating and agreeing what the split should be.

Another poster on a different thread noted that any reluctance from a party to disclose an asset or provide a valuation of it, may be a sign that this is where the money is.

Agreements like "you have the house, I'll keep my pensions" need scrutiny. What is the house worth? What is the equity in the house worth? What are the pensions worth? What is the capital worth of those pensions? What would the income be from those pensions?

Pensions are sometimes overlooked and they can be very valuable. (see my previous post)

A CETV is a starting point for valuations of pension. It may be useful to get a pensions on divorce expert report (PODE report) - and factor this into the budget / costs. Joint instructions can be given to the expert and costs can be shared. (See my previous post about pensions).

In deciding a split of assets of the marriage, 50 /50 is the starting point but it is not necessarily the end point - the split can be 60 / 40 for example.

Section 25 lists what is taken into account when the court considers the split of assets (see my previous post).

This is not my profession so legal advice is needed.

Please see my previous post on this. It gives links to helpful sites and information to help.

Mumsnet suggest www.advicenow.org.uk/divorce-and-separation

Finally. priorities the safety of the children and you and seek help.

www.gov.uk/guidance/domestic-abuse-how-to-get-help

Hope this has been useful to you :) Take care

NadineMumsnet · 01/11/2022 17:28

We're so sorry to hear you're going through this, OP.

We hope you don't mind, but when these threads are flagged to us we like to link to our web-guides, which we hope may be helpful. If you'd like to, please do feel free to take a look at our Domestic Violence page.

Very best wishes from all at MNHQ Flowers

mathanxiety · 01/11/2022 18:05

@stbex

Take a big, deep breath.

There is no judge in the land who will agree with your bastard of a husband that the house must be sold out from under you and your children.

This man is engaging in terror tactics. Part of that is the physical violence and part of it is terrifying you with the prospect of being penniless and homeless. His threats rely on your willingness to believe him for their effectiveness. But the law is not on his side.

You're going to have to sell the house.
You're going to have to move, possibly to another part of the country, to find an affordable place to live.

In the meantime you can get an occupation order and a non molestation order. Talk to your solicitor about this if you haven't already. Talk about the pros and cons of these orders and whether they would affect your H's professional accreditation. It's possible the only thing that would matter is whether he pays court ordered child support in full and on time every month or personal bankruptcy. You can call the accreditation body to find all this out yourself.

You need to take the lead here and initiate divorce proceedings.

X2Kids · 01/11/2022 18:54

LittleOwl153 · 01/11/2022 14:59

You don't need a diagnosis for a DLA claim... just to be able to show you do 30hours more care for him a week than an average child his age.
If you complete the form and get rejected you can appear or just go again when he gets his diagnosis if you think that would strengthen your case- bit you do not need to wait for it.

You're confusing DLA with Carers Allowance. Although you have correctly said that you don't need a diagnosis for a child to qualify for DLA.

OP I echo others that you need to see a solicitor. I'd also contact Citizens Advice Bureau for some advice around benefits, including DLA.

Dhama · 02/11/2022 15:19

You say your children have a social worker, use them! Did you complete a DASH risk assessment with the police? Are SS referring you to any support services for the DA?
the abuse is continuing even if it isn’t physical. I know it’s too late now but if he is violent again, press charges, then bail conditions will mean he’s out of the house and then you can apply for an occupation order.
Speak to the social worker - they can help x

inigomontoyahwillcox · 02/11/2022 15:39

Just echoing what PP has said about disability allowance, you don't need a diagnosis, you can find the application form [[https://www.gov.uk/government/publications/disability-living-allowance-for-children-claim-form here]. It takes about half an hour to fill in, and there is about a 12-week wait for them to be processed at present so, if you can, do get it sent off ASAP. There is a section of the form where you can add a statement from someone else who knows the child, so I would suggest that the nursery fill that part out for you.

Your husband is a sick fuck who is saying anything and everything to make you suffer at present as he can feel his control over you is slipping away. I think this is why men are at the most dangerous at the end of a relationship. Document everything, keep your phone with you at all times in case you need to call the police.

It seems that you're getting some good advice - and the solicitor you've spoken to doesn't sound as though she takes any prisoners! No doubt you're in for a bit of a rough ride, but by god, it'll be worth it.

Sending you lots of positive vibes and luck.

inigomontoyahwillcox · 02/11/2022 15:39

Sorry, link fail:

here

cestlavielife · 02/11/2022 15:46

Deal thru the solicitor
If he hits again press chargess
Moving to a new flat might be a new start do not rule it out completely

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