Female friend getting divorced, question on rights

Aliktren

Hi All

My wifes best friend had a bombshell at the weekend when her husband told her he wanted a divorce, they have a small child. Next thing he asked was when was she moving out

For reasons best known to her she has always let him control the finances, so the house is in his name and there is no joint account, he works, she looks after the house.

Does anyone have experience of what her rights are here, we told her to see a solicitor ASAP but can she get access to the bank accounts to ensure she doesnt end up pennyless or starving because he refuses to buy food (thats probably extreme but trying to get the general lie of the land on her position), we told her to stay put for now. Does anyone have any hard earned financial advice for her ??

Cheers Folks

SuziQ

Iused divorceonline.com several years ago to get advice that I didn't want to pay toask my solicitor for.
She should definitely stay put (but his solicitor will tell him the same!)and if she has no income she can find a solicitor who carries put legal aid work to submit to the legal aid council for funding-these days it's only in fact a legal loan but she will need legal advice by the sounds of it as he is on a strong position re the property.

homeaway

She should not move out of the house and should seek legal advice at the citizens advice bureau or with a solicitor as soon as she can. If she is working then i doubt that she will be able to get maintenance for herself but she will be entitled to maintenance for the child.

Aliktren

she doesnt work

Js_Other_Half

Are they legally married?

tsstss7

OP your friend should definately NOT MOVE OUT. She will very likely have some claim upon the property and may even be able to get the right to live there until the child is 16 - however this is only ifshe has the child with her of course - did her husband expect her to move out alone ??? Is he perhaps trying to ensure he gets custardy of the child by being the one to provide a stable home? Also she should approach the benefits agency to make a claim if she is without funds and he stops paying for food etc.

Aliktren

I kinda think he expected both of them to just move out (she is a very timid person)

They are legally married, and have been for 6 years

THanks for the comments so far

MonkeySaving?

tsstss7 wrote: »

custardy

..............Birds?

Js_Other_Half

She needs professional advice asap. In the meantime she should see the CAB as soon as she can and get them to help her with a benefits claim - as she has a small child she won't have to sign on.

As they are married, it's more likely she'll have a some sort of claim on the house - but the amount depends on lots of other variables. She may also be entitled to some part of his pension pot etc - hence the need for her to see a decent solicitor - the CAB may have a list of ones who are able to help under legal aid rules.

loftus

As they are married she has a right of occupation regardless of any financial contribution. She needs to enter a Matrimonial Home Rights Caution to prevent him disposing of the property before any divorce settlement is agreed.
She needs to seek legal advice immediately.

http://www1.landregistry.gov.uk/assets/library/documents/lrpg020.pdf

Loretta

loftus wrote: »

As they are married she has a right of occupation regardless of any financial contribution. She needs to enter a Matrimonial Home Rights Caution to prevent him disposing of the property before any divorce settlement is agreed.
She needs to seek legal advice immediately.

http://www1.landregistry.gov.uk/assets/library/documents/lrpg020.pdf

It is very important to do this immediately before anything else, she needs a solicitor now.

She has only just heard about his plans, he has been planning for some time and a nasty b.....d like this could have done anything.

Once the house is secure he cannot sell it without her knowledge and this will take this worry away and slow things down while she sorts herself out

It amazes me reading on here how men seem not to care or feel any responsibility for their children or for the child's mother who looks after their child and how the mother being so upset could affect the child for life. If you want to leave the marriage fair enough these things happen but to be so cruel and manipulative is awful.