Do I need to divorce?

Skintski · 16 October 2016 at 10:17AM

Is there any possibility for you to move back in for a little while? As an owner you have every right to live there and it may help sway him a little.

Tuesday_Tenor · 16 October 2016 at 11:56AM

How old is your son and where is he living?

pphillips · 16 October 2016 at 2:40PM

The answer to your question "Do I need a divorce?" is yes. This is because even if the house is only in your name, your husband has a legal right to occupy the marital home. If you were divorced that right would not exist and unless the property is in joint names, he would not be able to object to its sale. If the property is in joint names then you may have to go to court if he does not agree to the sale. I think it is also important to point out that unless you make a will saying otherwise, your property will automatically go to your spouse on your death.

lynseydee · 16 October 2016 at 4:53PM

Archergirl wrote: »

Make a will............

Archergirl, I am going to make a Will and am in the process of arranging that.

Skintski wrote: »

Is there any possibility for you to move back in for a little while? As an owner you have every right to live there and it may help sway him a little.

Skintski, no chance of moving back. I now have a job where I live and my son is now settled in school. Unfortunately where I used to live is in another county. Besides it would have no impact, he would just see it as a way to see his son everyday.

Tuesday_Tenor wrote: »

How old is your son and where is he living?

Tuesday Tenor, our son is 4 and he is living with me.

lynseydee · 16 October 2016 at 4:55PM

pphillips wrote: »

The answer to your question "Do I need a divorce?" is yes. This is because even if the house is only in your name, your husband has a legal right to occupy the marital home. If you were divorced that right would not exist and unless the property is in joint names, he would not be able to object to its sale. If the property is in joint names then you may have to go to court if he does not agree to the sale. I think it is also important to point out that unless you make a will saying otherwise, your property will automatically go to your spouse on your death.

The house isn't in my name it is in joint names. I might double check how the house is held because if I remember correctly the house needs to be held as tenants in common rather than joint tenants to be able to be passed as per my Will but will double check this when I make it.

Archergirl · 16 October 2016 at 5:02PM

You really do need to make one, it is so important in your situation, if you gave an accident or heaven forbid just drop dead, he gets the lot......

lynseydee · 16 October 2016 at 5:35PM

I know, I'm hoping I can get an appointment the same time I go to see a solicitor about the house/divorce.

loveasale · 17 October 2016 at 11:10AM

I can only speak of my own experiences, my marriage broke down 4 years ago, I stayed in martial home and a divorce wasn't really important then , like you say your not wanting to marry again!
Fast forward to present day , I've paid all the mortgage and bills for the last 4 years , he has supported our kids , but one has now left education and the other will next year , so it's time to draw a line,,,,,,, oh my days how I wish it had all been done 4 years ago!!!
We've always been amicable , me being more than him, he always said I could have equity blah blah blah ,,,and surprise surprise he now wants half !! That is the difference from me being able to buy a home or rent, I knew he would back track, but half of the value now is so unfair as he lives at his parents ( stays at his new girlfriends a few nights a week ) he then became rude and nasty to me so after all that we going down the lawyer route!
Do it all now Lynsey , clean break and so on, how I wish I'd done it back then

:(

lynseydee · 18 October 2016 at 1:58PM

loveasale wrote: »

I can only speak of my own experiences, my marriage broke down 4 years ago, I stayed in martial home and a divorce wasn't really important then , like you say your not wanting to marry again!
Fast forward to present day , I've paid all the mortgage and bills for the last 4 years , he has supported our kids , but one has now left education and the other will next year , so it's time to draw a line,,,,,,, oh my days how I wish it had all been done 4 years ago!!!
We've always been amicable , me being more than him, he always said I could have equity blah blah blah ,,,and surprise surprise he now wants half !! That is the difference from me being able to buy a home or rent, I knew he would back track, but half of the value now is so unfair as he lives at his parents ( stays at his new girlfriends a few nights a week ) he then became rude and nasty to me so after all that we going down the lawyer route!
Do it all now Lynsey , clean break and so on, how I wish I'd done it back then :(

Thanks for sharing your experience Loveasale.

I have today been into the solicitors and they are going to give me a call back this afternoon with an appointment for next week. The solicitor I spoke to confirmed I do have to go down the divorce route to get him out so if that's what he wants me to do then that's what I'll do. If he thinks I'm the same person I was when we were together then he's got another thing coming. If he wants a fight then bring it on, I know I've got nothing to lose and everything to gain. Me fighting him against him having sole custody because he claimed I was a bad mother should have shown that to him.

Do I need to divorce?

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