Advice please on how I stand legally

[itstherighttime]

This is all hearsay at the moment but just wanted some advice on my current situation.

My marriage I feel is over but am feeling I am trapped and no way out fianancally.

The situation is have been married for 10 years and have 2 children.
We are both in debt and have no savings.
My DH works and I am a SAHM and have a DS with SN so am in reciept of DLA and carers allowance.

The house we live in was bought for us by my FIL and is in trust for my DS when he is older.
We pay rent to my FIL and he tops up the rest of the mortgage payment for us.

I do not know how much is left on the mortgage etc.

I am not saying I want the house as that would'nt be right under the circumstances but just wondered what help I may get if DH and I divorced bearing in mind I have debts and no where to live.
Any advice would be appreciated.

Do you have a rental agreement - rent book or anything of that nature?

Sorry that your marriage is over, it is a hard time but there can be light at the end of the tunnel.

It's really hard to say without you giving too much info on here, never a good idea IMO. If you take all your documents to the CAB they will do a benefit check for you and advise you with the housing.

You need to go and see someone at CAB really, because they can go through your finances in minute detail and give you specific advice but basically if you have a rent book and are paying rent then you would be entitled to housing benefit and council tax benefit on the property you currently live in as well as the child tax credit, income support and child benefit.

You'd also continue with your DLA and carers allowance as well but go and get proper advice.

We don't have a rent book at all ,my DH just transfers the monthly rent from his bank account to his fathers each month.

bump

What's worrying you at the moment? As between you and Dh perhaps there isn't really anything to share out between you. He would have to pay something for DS and perhaps some maintenance payments for you, unless it could reasonably be expected that you would go to work.

It sounds as though FIL might be the unknown quantity. If the house is really 'in trust for DS', ie there is a real actual Deed of Trust etc etc, then FIL is a trustee on behalf of DS and he can't do anything to put DS's interests at risk. He should let DS go on living there, and by extension, you as well as his caregiver (assuming this is how it is sorted between you and DH). If on the other hand this is just something he has said from time to time, then you may not have a right to stay there if FIL wants you out (other than protection as a tenant against a landlord).

I think you really need to see a solicitor. This could be quite tricky.

I agree with Babybarrister (as usual!)
Many people are under the impression that staff at the CAB are legally qualified which more often than not is not the case. They do sometimes have a local lawyer attending for an hour or so a week, but the majority of the time they are staffed by unqualified volunteers. It would be in your best interests to consult a specialist family lawyer, ideally a Resolution member.

Thank you everyone for your advice.

As I said I don't want the house ,that would'nt be an option anyway.

I would'nt want to come across as being after the house all along which is far from the truth.

Agree that you need a family solicitor to give advice on the property and divorce, but still worth seeing CAB on benefit entitlement. Few solicitors seem to specialise in this area. CAB may also be able to advise on debt issues, though you need to see the solicitor first.

It's understandable that you don't want to seem as though you are just trying to grab the house, but if it is in trust for your DS you have a responsibility to him to preserve it for him in the future, and you and he obviously need somewhere to live.

I say it often on here but gingerbread were truly fabulous and my saving grace really. CAB were rubbish and made me want to throw it all in.