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Relationships

Mumsnet has not checked the qualifications of anyone posting here. If you need help urgently or expert advice, please see our domestic violence webguide and/or relationships webguide. Many Mumsnetters experiencing domestic abuse have found this thread helpful: Listen up, everybody

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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:

Opentooffers · 27/05/2020 20:29

If you accept just him paying the mortgage instead of maintenance you will be losing out as maintenance would likely be more ( gets complicated with him being self employed) On a &60000 mortgage he'd only be paying about £400/month, maybe less depending on your ages.
You'd likely get a lot more in maintenance, not to mention a share of his savings, tell all to solicitor and let them decide a plan of what's reasonable as you seem too willing to let him off with a deal that's very unfair on you and your DC's, just to keep the piece, you will rue that.

NoHardSell · 27/05/2020 20:40

Tax credits don't take savings into account, you can have a million in the bank, but you do have to declare any income over £300 from them ie the interest if they are in an account.

If you change to universal credit then double check with cab or similar as there are rules for when you get equity eg from selling a house I think, where you can still claim for a bit (vague on this, just don't assume you can't claim is what I mean)

Original poster

Novemberrain77 · 28/05/2020 07:18

Well I hope to stay in house but yes if sold all the money would be gone anyway buying a smaller house.

OP posts:

Original poster

Novemberrain77 · 28/05/2020 07:22

He hasn't been earning more than he is declaring. He is a bricklayer. The savings been sat there for years. I think when he sold his house he prob kept a chunk by or just built it up over years. He didn't leave home until he was 30 and buy a place. He has son that he had when he was 21 who is on his early 30s now that he has nothing to do with.

OP posts:

MarieG10 · 28/05/2020 07:40

@Novemberrain77

In getting details together for your solicitor, I suggest you list what assets you both brought into the marriage and how much. It isn't clear what was received and when, ie you mention inheritance. Whose inheritance were they, how much and when were they received?

Assets received/accumulated prior to marriage can be a factor in deciding settlements, but also the needs of the children. In addition, the amount of time the children spend with him will be considered. Ie if it is 50/50 the financial settlement may look considerably different and you do see mention on MN of how Suomi parents deliberately seek maximum % of time with children to affect this.

Zerrin13 · 28/05/2020 08:40

With all due respect OP, how do you know he hasn't been earning more than he is declaring?
The entire duration if your relationship has been based on his dishonesty and secrecy concerning money and assets.
You previously said they were his tax credits and child benefit implying that he has made the claim for these benefits. Are the claims in his name? It is usually the mother that makes the claim for child benefit?? It appears he has done everything possible to keep you in the dark.
Any solicitor will see through this in seconds. If he claimed the benefits whilst having thousands of pound tucked away he will be liable for the consequenses.
How can you squirrel away all that money if you need tax credits to survive? He is a devious snake who has bullied you into turning a blind eye to his greed.
Putting huge deposits down to buy properties isn't that simple. Is he applying for a mortgage? If so they will want to know where the deposit has come from.
Forget about his shite offer to pay £400 a month mortgage in lieu of looking after his children. A solicitor will chuck that rubbish out of the window before he or she has even started. He has walked all over you for years but now you have no option but to get tough. As soon as he knows you arnt satisfied with his silly little offer he will ramp up the nastiness. You need a solicitor to take him on. Do you have the money for legal fees OP?

Original poster

Novemberrain77 · 28/05/2020 09:01

I made the claim in both our names because we are the parents.the child benefits were done with all children when they were born.

OP posts:

Viviennemary · 28/05/2020 09:07

Did you declare the savings. If not you need to inform them.

NoHardSell · 28/05/2020 09:11

Why do you think that Viviennemary?

Tax credits only look at income eg income from savings over I think £300. You don't declare your savings just your income

Presumably it was a joint tax credits claim so the only issue is if he lied about his income

Original poster

Novemberrain77 · 28/05/2020 09:11

My brother is loaded thanks God and has offered to pay for solicitor. They are really good. So hopefully they will sort him out.

OP posts:

Original poster

Novemberrain77 · 28/05/2020 09:12

Yes you don't declare savings

OP posts:

NoHardSell · 28/05/2020 09:14

To clarify: income in the form of interest paid on savings. £80k might well earn over £300/pa in interest, in which case that interest should be declared, but it might not eg it might be in an offset mortgage account or premium bonds. Either way it's not a particularly big deal worth getting too excited about in the greater scheme of things

TinManc · 28/05/2020 11:42

Not sure anyone's mentioned pensions. Their value need to go into "the pot" too and can often be traded off against share of other assets. Solicitors will advise on this.

Original poster

Novemberrain77 · 28/05/2020 13:06

I don't have a pension only what I will get from working so many years

OP posts:

Astrid84 · 28/05/2020 13:42

"he'says saying that once he's paid the bills and mortgage and other outgoings he doesn't have much left little did I know that after we spent the inheritance I'm getting the house done and cars he still had add 120 grand left. We had 80 grand left and then more in another bank account. "

@Novemberrain77 from this statement it suggest you received an inheritance so at this point you knew you were over the threshold to be receiving tax credits and so you didn't declare them at this point. So you have been fully aware of the amount of savings you had.

It seems there's a bit more to this situation than you're letting on.

All income, savings and assets need to be declared when applying for CB and tax credits. If HMRC find out as well as being entitled to me of you OH state, you're also liable to pay any debts accrued within your relationship.

Astrid84 · 28/05/2020 13:49

as being entitled to some of your OH estate**

www.moneyadviceservice.org.uk/en/articles/how-do-savings-and-lump-sum-pay-outs-affect-benefits

this is based on UC however the same rules applied if you applied for tax credits pre-UC.

"If you or your partner have £16,000 or more in savings, you will not be entitled to any of these benefits."

Original poster

Novemberrain77 · 28/05/2020 13:59

Are you joking. O have only just found out about money. The inheritance from few years back did not effect tax credits as checked and been spent now .

OP posts:

Original poster

Novemberrain77 · 28/05/2020 14:00

I am not on universal credits. Normal tax credits I don't get work tax anymore

OP posts:

TinManc · 28/05/2020 16:16

I don't have a pension only what I will get from working so many years

Even if you don't, any pension he has will be considered during a divorce (but usually only the amount accrued during the marriage).

NoHardSell · 28/05/2020 16:37

Omg don't people listen or something ...or do they not want to hear

Tax. Credits. Don't. Have. A. Savings. Limit.

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