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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

Advice regarding split

8 replies

beigebiscuit · 03/02/2024 17:36

Long story short I am sick of my husband. He constantly talks to me like crap in front of our children. I am seriously considering calling it quits.
Problem is; although we are married I am not on the deeds to the house - he is and one of his family members.

Would I get help with housing from the council?

OP posts:
Luckydog7 · 03/02/2024 17:40

If you are married then the house forms part of your joint assets and you should get a portion in the split. Doesn't matter who's name is on the deeds unless he has legally ringfenced as part of a prenup or similar. The family members portion remains there's though.

BreadButterAndMarmalade · 03/02/2024 17:40

If he is your husband you would be entitled, I believe, to half of everything, possibly a bit more, if you have a good lawyer.

Overthebow · 03/02/2024 17:41

Help from the council would depend if you were eligible or what wait time they have. You may end up in temporary accommodation if you have nowhere else to go and they don’t have any suitable properties available. What is your income, and do you have any savings? As you’re married you will likely be entitled to a share of the house equity, and other household finances and pensions. You should speak to a solicitor.

altmember · 03/02/2024 17:43

Doesn't matter that you aren't on the deeds - since you're married you're a joint legal entity. What's his is also yours and vice versa.

But another family member being a co owner is a complication. In what share do they hold the title to the property? You'll only be entitled to a share of your husband's share.

Don't count on social housing, there's a housing crisis on and not enough social housing to go around. Round here families are living in hotels because of a dire lack of accommodation. Any reason why you can't rent privately? You'll still get help with the rent if you're entitled to benefits.

Luckydog7 · 03/02/2024 17:44

Yes baseline would be 5050 of all assets including any shares, businesses, savings, pensions, property etc.

I would seek to find any paperwork/bank statements, ownership documents etc. if he is enmeshed with this family member is he likely to try to hide assets? With them or otherwise? Do you access to any family money, do you work?

If you are likely to be primary carer for the children and been disadvantaged by having children or in a lower income then you may be able to get more like 60/40 but priority will be to house you both.

beigebiscuit · 03/02/2024 17:45

Married two years together 12.
I work full time but not brilliant money.
I believe it is just both of them named on the deeds.
If I left would they class that as intentionally homeless?
Rental prices are through the roof around here.

OP posts:
altmember · 03/02/2024 17:55

Are they joint tenants or tenants in common. If joint tenants, do they have a deed of trust that defines what share they have? If not, then legally it'll be 50/50 between them. But there is a risk that they try and claim otherwise for the purposes of your financial settlement (ie. that your husband's share is much smaller). I would think a good judge would see right through that unless they have a watertight deed of trust to back it up.

beigebiscuit · 03/02/2024 18:03

altmember · 03/02/2024 17:55

Are they joint tenants or tenants in common. If joint tenants, do they have a deed of trust that defines what share they have? If not, then legally it'll be 50/50 between them. But there is a risk that they try and claim otherwise for the purposes of your financial settlement (ie. that your husband's share is much smaller). I would think a good judge would see right through that unless they have a watertight deed of trust to back it up.

Tbh I have no idea...

OP posts:
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