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Original poster

My rights to half the house

95 replies

Novemberrain77 · 27/05/2020 08:56

My husband and I have been married for 7 years with 5 children . Youngest is 2. He bought our house in 2014 3 months before we married. He didn't put my name on house. I did seek free legal advice and was told it still half mine but I can't remember if she asked when we got married. We are splitting up and worried . Any advice please. I don't pay mortgage etc as agreed I would be a stay at home mum.

OP posts:
LovingLola · 27/05/2020 13:45

You will get a half hour meeting free.

Why do people keep spouting this rubbish
There is absolutely no entitlement to half hours free legal advice.

Walnutwhipster · 27/05/2020 13:55

Definitely get legal advice. I thought you couldn't get tax credits with more than £16,000 in savings. If this is the case is he already hiding money? If you're married would half the £80,000 be classed as yours and then you can't claim UC? I'm not sure how it works but the last thing you need is a huge overpayment, especially when you'll only be able to claim UC for two of the five children.

category12 · 27/05/2020 13:56

Some solicitors do offer a free initial half hour consultation, but it's not an entitlement and it's just to give a starting point.

schoolsoutforcovid · 27/05/2020 14:10

He had £120000 and still has £80000 and decent equity in the house and you're claiming benefits? How can that be?

You really need to get legal advice ASAP. You are saying you want to be "amicable" with a man who abused you and the kids? Sod that, protect them and get what you can now before he blows it all.

0hforfoxsake · 27/05/2020 14:47

Honestly, the Court will not see it as his castle, rather the children’s home.

He will also tell you he wants full custody of the children, I’m sure. It’s all pretty standard rantings. I suspect he will see it as giving YOU HIS money. Not as Contributing to looking after his children.

It is possible to stay amicable. It’s not easy trust me, and there will be moments of fury and upset, but it makes the path smoother and quicker.

Never agree to anything until you have run it past a lawyer. A lawyer who you feel safe with. He knows nothing more than you do.

And yes, claim benefits. If he doesn’t contribute as per the court order, you will need them for your children.

What’s the situation with your eldest two? Does their dad contribute?

DixieFlatline · 27/05/2020 14:55

The fact that he conveniently bought the house three months before you were married and then refused to put your name on it makes me think he was under the impression he was keeping you from being entitled to any of it the entire time. What a prince.

copycopypaste · 27/05/2020 15:17

Stop talking to him about settlements and finances and start talking to a good solicitor.

Do not agree to anything without first having a few lengthy conversations with a solicitor

For starters the house, savings, pensions etc, regardless of who's name they are in, are all part of the marital assets (yes including his 80k savings and the house)

Astrid84 · 27/05/2020 16:10

www.citizensadvice.org.uk/family/ending-a-relationship/sorting-out-money-when-you-separate/dividing-up-money-and-belongings-when-you-separate/

mirroring other posters, I worked in benefits and I'm wondering how you are in receipt of tax credits when the ceiling for Tax credits is over £16k. Considering your husband has 80k? Hmm

BarbedBloom · 27/05/2020 16:37

It will be a fair share. My friend didn't get half of the house in the same length marriage but he had bought it years before he met her and the courts considered that. She did still manage to get enough to house her and the children though as the courts were concerned about that. She was told though that mersher orders are becoming rare now as courts prefer a clean split, also because it caused issues to some women having to try and get another mortgage years later when approaching retirement.

Just get decent legal advice and get evidence of savings and things he may try to hide

TreadSoftlyOnMyDreams · 27/05/2020 16:47

Suspect that he thinks that if he keeps the house in his name and pays the mortgage. It will keep you quiet while you use every penny of your disposable income (which is tbc) feeding and clothing 5 kids.

He intends to then (I'd bet a fair sum) sell the house from under you in 15 yrs or so with zero evidence you have ever financially contributed to it and a 15 yr old divorce. Leaving you high and dry with nowhere to live, no pension and loss of workplace to boot (since you intend to wfh.).
He's a gobshite and has no intention of looking out for you. Get a solicitor and fast.

Groundhogdayzz · 27/05/2020 17:43

@LovingLola it is most certainly not rubbish. It may not be offered by all solicitors, but I went and had a free half hour less than a year ago! The 3 firms I called all offered this, you just had to wait a bit longer for your appointment. Do you live in England or elsewhere? Maybe it doesn’t apply where you live.

0hforfoxsake · 27/05/2020 17:59

I met with three solicitors for half hours so I could find the right one.

Original poster
Novemberrain77 · 27/05/2020 18:37

Yes I have a second app on Friday for free half hour over phone so I will get her to cover what the lady one didn't.

OP posts:
Original poster
Novemberrain77 · 27/05/2020 18:37

England x

OP posts:
Original poster
Novemberrain77 · 27/05/2020 18:38

He can't sell as I have put my home rights on it. I do hope by the time my 2 year old is 15 we would have moved on but who knows x

OP posts:
Original poster
Novemberrain77 · 27/05/2020 18:39

I will.pay bills etc when he goes. He will only pay mortgage that's all he has agreed to.

OP posts:
Original poster
Novemberrain77 · 27/05/2020 18:41

I can't sell family home I can only afford a 2 bed if that if I get something. I'm not going to move my kids out if their schools etc

OP posts:
Original poster
Novemberrain77 · 27/05/2020 18:43

I can claim for 4 children my 2yesr old was born after 2017 so I can't for her. Well he didn't tell me about savings did he so I was none the wiser. I had to use tax credits for everything while he has about 120 grand sat there. I found out weeks ago.

OP posts:
Original poster
Novemberrain77 · 27/05/2020 18:45

No the dad doesn't pay for older 2 CSA been chasing him up since they were babies. He sees them twice a fortnight. I can't see solicitor until he goes if I want to get ball rolling and pay for one

OP posts:
Original poster
Novemberrain77 · 27/05/2020 18:47

I would love a clean split but can't afford it and renting a house big enough would be all money gone quickly

OP posts:
LovingLola · 27/05/2020 19:08

It may not be offered by all solicitors

Exactly. The impression that is given on mn is that it is an entitlement and that every solicitor is obliged to provide it.

YinMnBlue · 27/05/2020 19:22

X he said he will pay mortgage and I pay everything else. Him paying mortgage instead of child maintenance

Novemberrrain You must get a solicitor.

This arrangement he suggests would leave him still, presumably, the owner of the house, paying the mortgage so you can live in it. But in the end, he would own the house, and he wouldn't!

Take no notice of the posters telling you you have no claim on the house. You are married, you have looked after the household and his kids for 7 years.

The courts will start from the pov of making sure their is a roof over the kids heads and that each party has enough to survive. You will be entitled to half the assets - pensions, savings, value of the house (probably more than half the value of the house because of housing the kids) ...AND , if he earns enough, maintenance.(He will also be entitled to half your assets, of course - everything is looked on as a marital asset).

Tell the Solicitor what you contributed and brought to the marriage - savings, wages, your inheritance etc.

It will be far easier to do things through a solicitor. He sounds abusive - stopping you working etc, and if you have a solicitor you don't have to do the arguing with him.

june2007 · 27/05/2020 19:23

Be areful, you have been claiming money when your house hold income states you shouldn,t you could be asked to pay a lot back.

YinMnBlue · 27/05/2020 19:25

The claiming of Tax Credits when he has savings is potentially a very tricky situation.

AllsortsofAwkward · 27/05/2020 19:50

I mentioned this in you're last thread hes self employed and clearly earning alot more than hes been declaring. You could be done for benefit fraud and ask to repay the tax credits you have recieved. I would get legal advice on this. As the money he has set aside would be used to repay HMRC.