Advice required

mandiedavy

Hi,
sorry not sure if this in in the right thread but here goes.
My husband and i are basically on the verge of splitting up. We have been together 10 years and married for 8. We bought the house 3 years ago and he is the one making the money and paying the mortgage. I don't work and have no qualifications so finding a job will be tough and any money i did earn would have to pay for childcare in a proper childcare facility for our 3 children as i have nobody to look after them on the cheap. The children are 9, 2 and 1 so it would be easier and cheaper if i stay at home and look after them, which hubby always said was what he wanted me to do as well. Now he does nothing but moan about me not working. Anyway to get back to the point, he says he wants me and the kids out by his birthday which is the middle of next month, so can anyone tell me what my rights are here. Any advice greatly appreciated.
Regards,
Mandie.

poppysarah

See a solicitor now.
You'll get half hour free now.

Is there no chance of sorting things out with him? Have you suggested counselling?

You need to go see solicitor right now. Can't emphasise that enough.

jenny74

Sorry for short reply, didn't want to read and run.

You Husband cannot legally make you leave. Speak to the CAB or a solicitor as soon as you can.

Best wishes

J

mandiedavy

Thank you Poppysarah and Jenny74 for the advice. I am hoping he will calm down but i'll find a solicitor just in case.

Vomityspice

Go and see a solicitor now!

As you were married (assuming you were using the term 'Husband' in the correct legal way), you will have rights under the Family Law Act to say in the home. Further, by going to a family solicitor, they will be able to apply a F charge notice on the house so he won't be able to sell it before the children have grown up.

Where does he expect you and the children to go?

Fire_Fox

mandiedavy wrote: »

Hi,
sorry not sure if this in in the right thread but here goes.
My husband and i are basically on the verge of splitting up. We have been together 10 years and married for 8. We bought the house 3 years ago and he is the one making the money and paying the mortgage. I don't work and have no qualifications so finding a job will be tough and any money i did earn would have to pay for childcare in a proper childcare facility for our 3 children as i have nobody to look after them on the cheap.

The children are 9, 2 and 1 so it would be easier and cheaper if i stay at home and look after them, which hubby always said was what he wanted me to do as well. Now he does nothing but moan about me not working. Anyway to get back to the point, he says he wants me and the kids out by his birthday which is the middle of next month, so can anyone tell me what my rights are here. Any advice greatly appreciated.
Regards,
Mandie.

To keep the relationship on a speaking level, might be worth looking into the cost of childcare and after school clubs for the oldest? We all know what the result will be - not worth it for the salary you can expect - but it might stop him moaning? Would you consider working school hours term time only? Your hubby may be able to pay for childcare vouchers out of his salary - can you ask him to investigate that?

I'd also start looking into how much maintenance you can expect and what benefits you would be entitled to as a single mum. You may be entitled to JSA if you are genuinely seeking work, I think you can specify that the hours fit round family life. You might also get working tax credits if you only work part-time. Your husband has no right to ask you and the children to leave, take advantage of the free half hour with a solicitor to find out what your rights are.
https://www.entitledto.co.uk
https://secureonline.dwp.gov.uk/csa/v2/en/calculate-maintenance.asp

mlz1413

I'd give your Husband a wake up call and tell him you can leave by middle of next month but he has to organise all the childcare as the children will be staying in their home.

Personally I would do the above and then let him struggle for a month and see if he then respects what you do.

Jowo_2

"If you are married ..[to] someone who is an owner or tenant, you have home rights. 'Home rights' is a legal term that generally means that you can live in your home as if you were the owner or tenant....Home rights usually end if one partner dies, or on divorce .... A court can extend home rights in either circumstance - if you are in this situation, get advice from Citizens Advice, a Shelter advice centre or a solicitor.

If you are a spouse or civil partner (but are not the joint or sole owner/tenant), you may want to consider registering your home rights. Once your home rights have been registered you will be able to:

• prevent the owner from selling the home
• prevent the owner from getting loans against the home, and
• receive information if the home is being repossessed

You may have rights to the home already, for example, because you're married to or in a civil partnership with the owner or tenant. If your partner does not accept your rights, you might need to go to court to enforce them. "

Look at the section on occupation orders

How courts decide whether to grant occupation orders

"The courts will make their decision based on a number of factors, including:

• whether you are married or in a civil partnership
• whether you have children
• what the housing needs of you and your family are, and whether you've got any alternative places to stay
• you and your partner's income..."etc

http://england.shelter.org.uk/get_advice/families_and_relationships/relationship_breakdown

Vomityspice

Please note there is a MASSIVE loophole with Occupation Orders.

The case of Nwogbe v Nwogbe (2000) 2 FLA 744.

If you apply under S.40 there is no method to enforce the order. What this means is that you may well get the right to occupy the house, but your husband (soon to be ex) would be under no legal duty to continue to keep paying the mortgage as there are no method of enforcement applicable!!!!!!

The lender would then have no problems in starting proceeding to evict you. Better to apply under the Family Law Act, and then your legal right to reside is registered. This is why it is essential you see a solicitor who knows what they are doing!

silvercar

If you worked you could claim working tax credits and child care allowances, the latter could pay 80% of your childcare costs.

Your ex would have to pay you maintenance for the children, I think it is 25% of his net pay.

Although you can't force him to pay the mortgage, he is still legally liable for it and his credit record would be effected if he didn't pay.

Ivrytwr3

Is there no chance of sorting things out with him? Have you suggested counselling?

he says he wants me and the kids out by his birthday which is the middle of next month, so can anyone tell me what my rights are here. Any advice greatly appreciated.

Why on earth would you WANT to stay with him after saying that?!

Tell him you aren't going anywhere and if anyone leaves it's going to be him. I would then unleash hell on him and take him for every penny he has.

So, first thing first, get to a solicitor asap.

(However, if the reason he is wanting is a divorce is because you have been doing the dirty behind his back, i take back everything i've said you dirty hussy)