Buying husband out or occupation order

[Haif7]

Hi I have a few queries

hudband refusing to move out despite toxic environment as he thinks him abandoning the kids will look bad

husband originally put 12% into our property yet at time of buying he convinced my dad he wanted 20% share and on the deeds it’s written as 20% but he only paid 12%.

he said he has paid bills over the years but I don’t think paying bills allows you to grow your ownership of a house!

he said he paid bills while I accumulated savings which allowed me to buy a bigger %

he now wants me to buy him out before the divorce that would mean giving him 50k which is all my savings

if I don’t give him his 20% he said he can try and go for 50% ffs

other option is to get an occupation order due to his emotional abuse and controlling behaviour there is a marac meeting coming up for those behaviours

if get an occupation order can I Rent the house out ? Can I sell it? He’d be mad about the order and would probably try and get 50% as revenge

i cant live like this with palpitations every day
I ask him for help with little things and he raises his voice
he refuses to drive us places since I expressed concerns at him using touch screen while driving

If there is a marac meeting coming up you have an IDVA, right? What have they advised?

@EvenMoreFuriousVexation they said I could go to a refuge and gave me some numbers
they said I can speak to a solicitor

they can’t make me do anything

it’s mainly his psychological and emotional abuse withholding his help, making threats , controlling behaviour , religious beliefs , always saying I’m disrespectful if I interrupt his work to help with childcare
he did whack me with a scarf in my arm 2 years ago

he has years of recordings of me usually he would wind me up and then I’d lash out by scratching him trying to get the phone off him

im not able to make best decisions due to my post natal depression and autism everything feels hazy

@EvenMoreFuriousVexation they have given me some refuge options but I’m not sure whether to go as I have a place at university in September

I want to know if he can claim a bigger % of the house because he has paid bills ?
he originally put 12% of the price but on the deeds his share is 20%.

Who owns the other 80% of the house?
How long have you been married?

Married/separated/divorced, he doesn't have to drive you anywhere. Probably safest not to get in a car with him anyway.

OP if you've got £50k in savings, you can afford to see a solicitor and ask all these questions.

You need to speak with a solicitor. If you’re married then things like the savings are considered marital assets and will be up for division between you according to need. An occupation order is a short term measure, not an alternative to selling the house or buying your husband out of his share, which you’d be required to do in the financial settlement of the divorce. The threshold for obtaining one is high, as courts are unwilling to effectively make somebody homeless without serious reason - and frankly, if he has evidence of you physically abusing him in arguments, be prepared for him to show that to the police in contesting your application for an order.

And yes: as you’re married, he may be entitled to a larger share of the equity in the property, if that’s required to meet his post-divorce needs and a court agrees it’s fair.

@altmember i own the other 80%
the amount he actually put into the house is 12% not 20%.

hut the deeds is written 20%.

he’s saying as he paid bills he can get the share he wants

married 10 years

Frankly the difference is about 15k between the 12% and 20% it isn't worth all this. Pay him off and get rid. Small price to pay. Is it fair, maybe not. But you agreed to the 20% and this is the result.

This sounds really tough, but you can't do anything about the 12 vs 20 - I think you should be more worried he could get 50% tbh, it was not a short marriage unfortunately and unless his housing needs would be met by the amount buying his 20% out would give him then he could go for more.

If you've been married 10 years you both own the house equally.

I'm not sure why convincing your dad he wanted 20% comes into play here?? If he put in 12% why was 20% put on the deeds? That would have been between you and her husband surely, where does your dad come into it?

Anyway, I'd just pay him off. For the sake of £15k which you could spend on solicitors anyway, given the fact that as you're married he's entitled to half anyway..

If you're tenants in common, and it's drafted as such, your risk is 20% because of the deeds. What he's paid is irrelevant, it's what he owns that matters, which is the 20% on the deeds.

If you're just joint owners (default), then everything is in the pot for a divorce so 50/50 is possible.

With occupation orders, they are what it says on the tin, you occupy the house but he still will have that ownership. So you'd use it then force the sale of the house.

If he wants you to buy him out, and you have the means to, a court would just view it that you should buy him out and accept the fact he only paid 12% OR sell. It'd be viewed that if you truly feared for your life (which is the grounds for an occupation order) then it's the logical route.

The distribution of assets in a divorce can override ownership divisions like this anyway. If he agrees to accept 20% of only the equity in financial divisions Id be really happy with that. Savings, pensions, equity in marital home , shares, car/s, furniture, whitegoods, are all included in marital assets in a divorce. If you were partners you'd only be entitled to the pre agreed shares, divorce is different. You have 50K in the bank, go and see a lawyer and find out whether that split of the house is financially binding and what other things you're both entitled to claim. He may well be entitled to a lot more than £50K. And there is no way you'd be able to keep the house without him being paid out in some way.

@Vretz as he sympathises with Hamas I worry about him influencing the children with his belief and don’t know if he should be reported for terrorism ideas

You need legal advice as soon as possible.
Regardless of the spilt on the deeds (80/20) in a divorce situation all assets held by both partners are taken into consideration and them divided. Assets include home equity, pensions, savings, vehicles etc.

The starting point is an equal 50/50 split (this is likely what your husband means by going for 50%) though this can be adjusted for other factors. Factors can include who will be resident parent of children and whether one partner sacrificed career progression/earnings to take time out/step down to look after children. That partner may therefore get a higher share but probably not 80%.

The tenants in common arrangement might have some weight (like a kind of prenup) and things like inhertances might be considered personal rather than joint. But it's complex and the court will look firstly at what split of assets will enable both parties to be "adequately housed".

If you could manage to do a deal where he gets 20% that would seem to be a bargain compared to what he could get but don't be hasty as there are still things like pensions to consider. Whatever you do don't rush to hand over 50k to buy him out unless it's all signed and sealed, otherwise he could pocket the 50k and come back for another bite of the cherry as well.

These are the reasons why you need to see a solicitor. An occupation order is another issue but won't essentially affect the split of assets.

What is your income position? Are you working? Is there a mortgage on the house? If you did buy him out could you actually afford to live there?