Mens rights in seperation

princeofpounds

If you are a joint tenant or joint owner, you both have the right to stay in the home unless one person has been excluded using an occupation order. If you can't decide who is going to stay, an occupation order may be your only option to force your partner out of the home.

This passage deals with what happens if one or the other of you get locked out of the house - it will go to court.
http://england.shelter.org.uk/get_advice/families_and_relationships/relationship_breakdown/occupation_orders

This is not an immediate step but seems useful to do. Stops her raising debt on the house and hiding the money whilst the house gets repossessed.

If you are a joint legal owner, you may want to protect your interests in the home by registering a restriction or notice on the land register. You can do this before you start the divorce/dissolution process, or even if you are not going to apply for a divorce or dissolution. There are different kinds of restriction or notice, but their main function is to show up on property searches through the Land Registry and so alert a potential buyer that there is a dispute over the property. You can register a restriction or notice using forms from the Land Registry website. There is a small fee for this service.

If she has the kids, she might be able to ask the court to give her the occupation order for the house. Your brother will not lose his interest in the house or his rights over it, but he might be excluded from occupying it.

Whether you are planning to divorce/dissolve your civil partnership or not, property can be transferred from one spouse or civil partner to the other if the court decides it's for the good of children.

It seems eventually that the house will get split 50/50. If they cannot agree, or if neither party can afford it on their own, the court will probably sell it and split the proceeds or incorporate it into some kind of settlement (for example, mother with kids gets house but loses claim to father's pension).

princeofpounds

As far as the locks go, I think people are maybe misreading the intentions here. He doesn't appear worried about claiming the house for the long term, it is more to do with a) not getting locked out himself and b) making sure she doesn't rip out the appliances while he is out.

With regards to a), if he has an alternative place to stay it might not be such a big deal. He won't lose his rights simply by leaving the home, and if custody of the kids is more likely to swing an occupation order than an occupation order swinging custody of the kids, if you follow me. But he might be locked out for a few nights whilst he gets the occupation order himself if she does do it.

As for b), if she gets in and locks herself in the house at least the appliances won't be ripped out. I would suggest that he takes photos of all valuable possessions so that they get incorporated in any settlement rather than 'disappearing'.

Loopy_Girl

Ddraig wrote: »

We have tried telling him this as I thought this may be the case.Waste of 30 quid he hasnt got.He is scared that she will attack him and falsley accuse him and get him arrested if she gets in and they will throw him out and change locks if they all get in.He has let her in and she has removed so much stuff today.My mum kept him on the phone so she knew he was ok.

What a horrible situation and her tactics are appalling.

I'm embarrassed to be a woman sometimes.

I hate to say it but I agree with the other poster who said that as she has kids, she will probably end up with the home.

He DOES have the right to stay in it at the moment until it gets sorted out....but of course his safety is paramount. Material things can be replaced and sometimes in life you have to weigh up what's important i.e a few bedside lamps or a false conviction for assault?

Would it not be be better him moving out completely? I know he shouldn't HAVE to but she is clearly not going to be amicable in this *sigh*

Loopy_Girl

princeofpounds wrote: »

As for b), if she gets in and locks herself in the house at least the appliances won't be ripped out. I would suggest that he takes photos of all valuable possessions so that they get incorporated in any settlement rather than 'disappearing'.

Now that is a good idea:D

He still can't change the locks just to protect the white goods...he can't change them full stop so if he has to go out and she seizes her opportunity then there's not alot he can do sadly but, as you say, if he has proof of what was in the house (but then I suppose the argument will then be who paid for them and if receipts can be produced)

princeofpounds

Good, as he is on the house deeds and the borth certificates he will have full share of rights over both house and children eventually.

That means that he can afford to do something like go see a lawyer as long as he has a back-up place to stay for a few days should something go wrong.

He should retain all the important documents re house, kids, finances, posessions in a safe place too. Whilst I would never condone hiding them from a partner, he needs to ensure he has access long enough to make proper copies.

Oh, there is also a service (I just can't remember the name offhand - ah got it, CIFAS I think it is) run by the major credit agencies that allows you to put an extra layer of security around any debt applications, so she can't apply in your name and fake your signature.

Ddraig

Prince I was just going to link that part about the occupancy.
Thankyou xx

No he does not want it long term.There is no house long term.By the time these two are finished there will only be debts to pay.The house itself is worthless.But if he gets locked out he has nowhere.Only peoples sofas.No room he can rent etc.He hasnt got more than petrol money.Our dad is dead and my mum already has 3 older kids and one of their partners there.
Id put him up for a short time but we are 2 plus 4 and no bedrooms spare.So he really hasnt got anywhere suitable.Meanwhile her parents have always said she can live there .They use to be there when he came home.Papering in wall paper they had chosen.They would come get the kids because she had arranged it and he wouldnt know.
He has never been allowed to be the dad or the "man" of the house for want of a better word.
Seeing as short term they all have a very roomy house over their heads and he wont ,it seems fair he stays there till he can find a flat etc.But I am trying to look from all perspectives.Just hard to do so.
If they were both reasonable the two kids share.They could have a bedroom each and do that for a while.But that would be too peaceful for these.

princeofpounds

then I suppose the argument will then be who paid for them and if receipts can be produced

They are married. All their possession are joint. So if of value will be included in any settlement and who paid for what is irrelevant.

I agree with the other poster who said that as she has kids, she will probably end up with the home.

People have a lot of jaded suspicions about the court decisions that are often quite baseless. She might end up with an occupation order, but she won't just 'get the home'. If they have a proper divorce settlement it doesn't happen like that, although the courts might protect the kids' rights to stay in the home and so prevent him from selling it up right away.

Ddraig

Prince the occupancy thing he is very grateful for thankyou.
Short term he needs a roof over his head.Long term he needs to be allowed to start fresh without her dumping everything on him.debts etc.We need to get him sorted ,he is in more of a mess than he realises.
He cant afford to get locked out for a few days.He said on a credit score he is at the bottom.He did one of those report things and the highest out of the points was 250 ish.I dont understand but he says that out of 1000.So he is starting on a bad footing.

Messrs_Arthur_and_Terry

Ten to one Ddraig's brother gets the bill for removing the house contents.

Surely the major decision here is how much money is he prepared to throw at defending an unwinnable war. Moral victories don't put food on the table and a shelter over the head.

Do the kids have any paternal family traits? Would be rather irritating to find out all the child support was for best mate's seed.

Ddraig

No they are definately his.One looks like a mirror image of him as a child.

He has no money or she for that matter.A house that is not worth anything but debt.Credit card debts,loan debts.Car hp debts.Even on full time hours we were talking earnings of £13000 OT and she was doing 16 hrs on basic wage.Now his hours have disappeared he is going to have to sign on and he is scared to leave to do that.
I have passed on help that has been provided here.All I can do is pray he takes it and takes him a pint of milk.lol.