Marriage over - need help

LeilaZ

Thank you. He put in no deposit to the house, I paid that from the money I was left in my Grandad's will (that's why I decided to buy when I did). If I show the bank statements will that be enough to prove he put nothing in?

Also we don't have joint bank accounts - I have never trusted him with access to the mortgage money as money burns a hole in his pocket. All the bills, including the mortgage and insurance, come off of my wages each month. His money paid for the virgin media bill and for food.

Valli

well in a way things are better now IYSWIM...his behaviour in front of others will go in your favour.
And he's out and the locks are changed.
In England courts START with a premise of a 50/50 split then it gets weighted so probably will go in your favour. Don't see why it would be any different over the border. (But I don't KNOW, obviously)
Pleased you have support from your family.

Thinking of you

Good luck!

(been there; done that)

chesky369

You HAVE begun. Just get to the CAB as soon as you can and get them to refer you to a solicitor. They will give you all the support and information you need to proceed. Remember, you will be entitled to legal aid, so you won;t have to pay them - the CAB willl know who to put you in contact with.

You may not feel this now but he has done you a favour by his action this evening - the police have become involved, so any court action will be helped by this.

sp1987

Valli wrote: »

well in a way things are better now IYSWIM...his behaviour in front of others will go in your favour.
And he's out and the locks are changed.

I agree. As horrible as it must have been having him kick the door in, he has been removed and will be kept away from your son. Good to know also that your son's father is still around as extra support for him. I cannot believe son's dad was calm enough not to get caught up in the crossfire, good on him!

aj2703

If they are married it matters not who's name is on the deeds. If you seperate or get divorced your husband will goto court with an automatic 50% share. What will happen at court is a judge will look at how long you have been married, how much he has contributed to the mortgage, bills etc. Say for instance the couple had been married for i dunno 10 years and the spouse had paid 50% of everything they would be entitled to a high share of the property. If for instance they had been married a few years and the spouse paid hardly anything that 50% would drop by a steep amount.

Kimitatsu

aj2703 wrote: »

If they are married it matters not who's name is on the deeds. If you seperate or get divorced your husband will goto court with an automatic 50% share. What will happen at court is a judge will look at how long you have been married, how much he has contributed to the mortgage, bills etc. Say for instance the couple had been married for i dunno 10 years and the spouse had paid 50% of everything they would be entitled to a high share of the property. If for instance they had been married a few years and the spouse paid hardly anything that 50% would drop by a steep amount.

Scots law is slightly different but this is not quite true! The courts look at who has put the money into the house, as your husband is not on the deeds nor is responsible for the mortgage nor has he had a stable job where he has paid a large amount off the mortgage then beneficial interest would be difficult to prove. From what you have said it will be difficult for him to prove that interest.

Whilst it is true that IF the courts view that the husbands beneficial interest is appropriate then they start at 50/50 they also take into account that you have 3 children and how you will be able to provide for those children and what your pension contribtion may be as you are caring for your children.

It will be worth checking to see if you are eligible for legal aid (probably not as you have equity in the house but the worst they can say is no!)

Good luck

dizzybuff

Hi couldnt read and run , he will be charged with assault (ex partner) and criminal damage . I suggest you report the assault of your son with the support of your ex partner . I would also check if your local council has any domestic abuse helplines etc.. The important thing is you are safe , his bail conditions should mean he doesnt come near the house or your son.

Good luck . Dont panic about the house. He may well be ordered to pay the morgage income permitting. So I wouldnt expect him to work .

All I can say he is no father if he goes and does that , what a pillock.

DUTR

LeilaZ wrote: »

Thank you. He put in no deposit to the house, I paid that from the money I was left in my Grandad's will (that's why I decided to buy when I did). If I show the bank statements will that be enough to prove he put nothing in?

Also we don't have joint bank accounts - I have never trusted him with access to the mortgage money as money burns a hole in his pocket. All the bills, including the mortgage and insurance, come off of my wages each month. His money paid for the virgin media bill and for food.

It's not just about the deposit thats why I support the comments on seeking legal direction, I know with my brother he lost 60% of the house he purchased as he foolishly married his then wife, an ex GF had to pay her short term husband £2k for him to leave and she had purchased the house long before he arrived. All I am saying is it may not be as clear cut as what others are telling you and in fairness none have claimed to be from the legal proffession specialising in situations like yours, good luck with the outcome though.

laurel7172

The previous poster may well be correct about you being unable to take your husband off your bank accounts.

However, as long as the account is in credit, there's nothing to stop you taking YOURSELF off, and switching your income (and bills) to another account. That's what I did, and I had no problems.

LeilaZ

Thanks laurel, we don't have any joint accounts so I'm ok in that respect.

Thanks DUTR, I will obviously take proper legal advice I just wanted to get an idea of where I stand.