I've left my husband what are my rights?

Lolacp123

Hi all

My husband has been mentally Ill for 2 years now which has involved an element of abuse which is had admitted to in a series of texts.

I decided sadly that this was not working and regardless of our little girl I had to end our marriage.

My husband owns the house (although I have paid the mortgage for 5 years) and he has agreed to let me stay with my daughter until im ready to leave. I am still paying the mortgage (it comes out of the joint account but I contribute £2k to this a month and he puts in £1k and his outgoings are much higher than his in comings)

He has moved out and I am as the bigger wage earner giving him £100 a month out of my own wages and I'm taking nothing for our 3 year old too as he has no money to even pay parking at work apparently.

Anyway when I'm ready to move in 12 months time (hopefully with a deposit for a house for my daughter an I) I want to know if I would be entitled to any money out of my husbands house?

I have supported him financially for 5 years and he cannot afford the house on his own and afford to live.

We also have a loan together but he has agreed to stoll pay half towards that too.

He said I can divorce him on grounds of unreasonable behaviour and he won't contest it. We have also come to a custody arrangement for our daughters sake.

I am just concerned about the house and getting some money out of this.

Thank you in advance

tensandunits_2

How long have you two been married?

Lolacp123

2 years in may. I've lived with him for 5 and our daughter is 3 x

tensandunits_2

Lolacp123 wrote: »

2 years in may. I've lived with him for 5 and our daughter is 3 x

I think (and someone may come along and correct me on this) that if the marriage is a short one, less than 2 years in your case, the judge will seek to put you both back in the same financial position as before you were married.

TBagpuss

Yes. Because you are married, if you were asking a court to decide your finances, the Judge would have to look at what your respective financial needs and resources were, and what would be fair in the circumstances, taking into account things such as your ages, the length of the relationship, your incomes and earning capacities, housing needs, needs of any children, health needs and so on.

Ideally the two of you will be able to negotiate a settlement you both feel is fair, but getting some advice from a solicitor will help you to understand what a court might decide, to give you a starting point for any negotiations.

AS the house is in your husband's sole name, as a precaution it would be sensible to register your Matrimonial Home Rights - (https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/545433/HR1.pdf ), which is free.

Longer term, think about what you would need in order to be able to rehouse yourself and your daughter, so check your own mortgage capacity and local house prices. Think about your husband's needs - how big is the current house, and how much equity is there? Is he likely to be able to remortgage to release some capital, or alternatively, would it be practical to sell it to free up some equity to provide you with a deposit, and leave enough for him to rehouse too (perhaps in a smaller property than the current one)?

Are there any other assets, such as pensions or savings?

Although it is a comparatively short relationship (a court would look at the cohabitation as well, so would treat as a 5 year r/ship, not just a 2 year one), the fact you have a child together does change things, as it has a major impact on your needs and on things like earning capacity. However, your husband's health and the impact this has on his needs and earning capacity would also be relevant.

At a guess, I'd say that you would probably be entitled to something from the hosue, but probably not as much as 50% of the equity, given that he owned it before you got together and that you are the higher earner.

Lolacp123

Thanks for the input.

Am I entitled to stay here with my daughter can he kick me out?

Also he has agreed to give me 10k out of the house and will remortgage to give me that he has just said now.

I'm happy to do that and walk away in a years time. Can we agree this and sign it with witnesses that he woll do this or will I have to pay a solicitor?

PeacefulWaters

Invest in an hour with a solicitor. List your questions and concerns beforehand.

honeypop

Lolacp123 wrote: »

Also he has agreed to give me 10k out of the house and will remortgage to give me that he has just said now.

Can he re-mortgage (and release this money) if he can't afford the payments and it's in his name?

[Deleted User]

I dont think he will be able to remortgage, Lenders look at affordability and he can't afford the loan now never mind with an increase in it.

The best thing would be to decide on an equity spilt and sell the house.

You hoipefully earn enough to house you and your daughter and as harsh as this sounds your husband will have to take care of himself as he will not be your financial priority.

GDB2222

The Family Justice Council have a very helpful guide here:
https://www.judiciary.gov.uk/wp-content/uploads/2016/04/fjc-financial-needs-april-16-final.pdf

They publish other guidance, but some of it is more technical, here:
https://www.judiciary.gov.uk/related-offices-and-bodies/advisory-bodies/fjc/guidance/