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please help need advice

2

Comments

  • Pee
    Pee Posts: 3,826 Forumite
    So to see a solicitor. See what he would be entitled to upon divorce in all the circumstances and make your decision from there. The sooner you divorce the less he will be entitled to.
  • Mojisola
    Mojisola Posts: 35,571 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    You need to get professional advice. Start with Women's Aid - they may be able to recommend a solicitor.
  • penol14
    penol14 Posts: 24 Forumite
    thanks i have booked a free half hour as i am totally skint and not entitled to legal aid as i work
  • clearingout
    clearingout Posts: 3,290 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    if you've only been married a year and there are no children, he's certainly not 'entitled' to a 50% share in a property being sold in your name. The adage with short marriages is you take out what you put in. It would be reasonable for you to 'pay him off' in lieu of him needing to put a deposit on a flat and furnish it once the marriage has ended but nothing else. A solicitor will advise you how to work this out.

    And seriously, start divorce proceedings at the same time....
  • penol14
    penol14 Posts: 24 Forumite
    it will be me needing a house for me and my child even though i pay the rent bills etc,he has told me to go.
  • RAS
    RAS Posts: 36,184 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    penol14 wrote: »
    Can somebody please advise i have a property from a previous relationship which is about to be sold, my new husband of a year is saying he will be entitled to half of it? it is my name only not his.

    Hi

    This is a short marriage; at this point in time if you leave he is entitled to nothing. Make sure that you get the divorce started ASAP.

    You need to make sure you do a number of things:

    1. If you have any joint accounts, close them. If he will not sign to close them, write a letter to the creditor advising them that all further debits require both signatures. This prevents him wracking up debt in joint names, which you then have to pay.

    2. Make sure all your salary and benefits are paid into an account in your name only. Use that for the house sale money as well.

    3. Read all the utility meters tonight. If any of these accounts are in your name, then ring the providers, transfer the accounts to his name and give them the closing reading. Folow that up with a letter. Ditto if you have any insurance arrangements.

    4. Ring the COuncil and advise them that you are no longer living there. If possile move out befor ehte end of this month. Follow up in writing. tHAT LIMITS YOUR LIABILITY FOR ct.

    Is the rent agrEement in your joint names, or just his?
    If you've have not made a mistake, you've made nothing
  • Mojisola
    Mojisola Posts: 35,571 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 23 May 2011 at 10:54AM
    penol14 wrote: »
    my husband is abusive he dosen't work and i pay for everything we have no children together but his live with us full time.And its him wanting me to leave because i suggested he got a job
    penol14 wrote: »
    yes this is real and if i kick him out before the sale completes would he still get a share?
    penol14 wrote: »
    it will be me needing a house for me and my child even though i pay the rent bills etc,he has told me to go.

    Before you see a solicitor, get all your facts straight.
  • penol14
    penol14 Posts: 24 Forumite
    we do not have joint accounts i transfer the money to his account to pay the rent. he rented the property before i moved in and the dss payed for it. now i pay for everyrthing :eek:even though it is in his name
  • bagginslover
    bagginslover Posts: 503 Forumite
    Part of the Furniture Combo Breaker
    Is there a reason you can't move into your own house rather than sell it? Or even move into it until you sell it, it sounds like you need to escape somewhere, quite quickly and this seems ideal.
    Please excuse my bad spelling and missing letters-I post here using either my iPhone or rathr rubbishy netbook, neither of whch have excellent keyboards! Sorry!
  • RAS
    RAS Posts: 36,184 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    penol14 wrote: »
    we do not have joint accounts i transfer the money to his account to pay the rent. he rented the property before i moved in and the dss payed for it. now i pay for everyrthing :eek:even though it is in his name


    Good.

    That means that when you move out, you have no continuing liability to pay for it.

    Does he ever go out?
    If you've have not made a mistake, you've made nothing
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