She doesn't want to sell the flat!

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  • Samyusuf_3
    Samyusuf_3 Posts: 6 Forumite
    edited 2 April 2018 at 10:27AM
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    Red, if I just pack up and leave I'm worried she will do me in by using the domestic abuse card which I know will screw me up.

    I guess it's hard to explain to strangers on the net about my partner's character, all I will say is that she doesn't want a divorce and doesn't believe there are issues in our so called marriage.

    She will rather die than acknowledge her mistakes.

    I never ever thought that I'd be trapped in a relationship like this but I'm doing my best to remain patient and calm but as you can imagine this is very exhausting and depressing to say the least.
  • Savvy_Sue
    Savvy_Sue Posts: 46,024 Forumite
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    couple of things: you can go to Relate on your own, and some people find that quite helpful in crystallising things. The other is that it takes two to argue, and if you can walk away when one starts, that might help.

    I'm afraid I have no idea about the recording idea.
    Signature removed for peace of mind
  • badmemory
    badmemory Posts: 7,793 Forumite
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    edited 1 April 2018 at 10:52PM
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    Have you given any thought to where your "not" wife & illegitimate daughter will live. I do hope no-one lied on her birth certificate. She must be terrified now she realises that she was never legally a wife & will probably, even if only for a short time, become homeless. How do your families feel about your "well I can just walk away because we were never actually married" attitude.

    Have you considered that she really does see you as being abusive. After all abuse isn't just about knocking someone twice round the room before dinner.
  • Candyapple
    Candyapple Posts: 3,384 Forumite
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    With regards to your flat, I’m going to hazard a guess and say you live in London or down South with those deposit amounts.

    1. Does your ex still work?
    2. What is her annual salary?
    3. What are the prices of 1 or 2 bed flats in your area?
    4. Can your ex move back into her parents home with your child?
    5. Would your ex consider moving to a cheaper area far away? (ie she may have brothers/sisters living in different parts of the country which would be cheaper to buy in)
    6. On your annual salary alone, would you be able to afford to buy a 1 bed flat on your own? Or would you have to move back with parents until you’ve saved enough?
    7. When you took the mortgage out, and this is very important, are you ‘joint tenants’ or ‘tenants in common’?https://www.which.co.uk/money/mortgages-and-property/first-time-buyers/guides/buying-a-home/tenants-in-common-vs-joint-tenancy
    8. Did you have a declaration of trust deed in place which would have spelt out the different deposit amounts and how equity would be split into what percentage on event of sale of the property?

    Given the shame of being divorced in Muslim culture and on top of that having a child as well, no wonder your ex is playing dirty because she probably fears that her life is over. Still, that’s no excuse for lying about domestic violence. You need to speak to a solicitor ASAP once you have more info about your mortgage as above and be prepared for a lengthy, expensive court battle. Your ex is not going to make this easy for you.
    I'm a Board Guide on the Credit Cards, Loans, Credit Files & Ratings boards. I'm a volunteer to help the boards run smoothly, and I can move and merge threads there. Any views are mine and not the official line of moneysavingexpert.com
  • unholyangel
    unholyangel Posts: 16,863 Forumite
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    Samyusuf wrote: »
    Red, if I just pack up and leave I'm worried she will do me in by using the domestic abuse card which I know will screw me up.

    A domestic abuser is unlikely to leave the family home of their own free will. Domestic abuse isn't about violence, not really. Its about control - just a lot of the time they use violence to get that control.
    You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride
  • TBagpuss
    TBagpuss Posts: 11,203 Forumite
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    Samyusef - I'd advise against the recording.

    Sorry if I'm coming across as a bit frantic but I did some googling and was shocked to learn that a man has pretty much no protection from the law if someone accuses him of domestic violence. Many men have actually said that it was cheaper to just plead guilty and take the sentence than to actually hire a lawyer which will most likely be of no use.
    Bluntly, this is total b****acks.

    In terms of domestic violence, you have a very odd idea of the law. Domestic convictions, like convictions for rape, are actually pretty difficult to get as it is hard to get proof to the required criminal standard.

    Police may advise someone (male or female) accused of abusive behaviour to leave, at least temporarily, to prevent escalation, and to protect both parties - the victim, if the allegations are true, and the person accused, if they are not. Do bear in mind that very few abusers are willing to admit that their behaviour is abusive.

    Also, if your partner is making allegations against you and you are sure the marriage is over, consider whether moving out, at least temporarily, would be in your best interests. It ill decrease the tension, (which is likely to benefit your child), make it harder for your partner to convince herself, or others, that the relationship is still a positive one, and will also allow each of you to tart to consider your financial position and whether either of you can afford to stay in the flat.

    Go and see a solicitor, get some advice, including advice about how best to protect yourself.
    All posts are my personal opinion, not formal advice Always get proper, professional advice (particularly about anything legal!)
  • elsien
    elsien Posts: 32,742 Forumite
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    TBagpuss wrote: »
    Samyusef - I'd advise against the recording.


    Bluntly, this is total b****acks.

    In terms of domestic violence, you have a very odd idea of the law. Domestic convictions, like convictions for rape, are actually pretty difficult to get as it is hard to get proof to the required criminal standard.

    Police may advise someone (male or female) accused of abusive behaviour to leave, at least temporarily, to prevent escalation, and to protect both parties - the victim, if the allegations are true, and the person accused, if they are not. Do bear in mind that very few abusers are willing to admit that their behaviour is abusive.

    Also, if your partner is making allegations against you and you are sure the marriage is over, consider whether moving out, at least temporarily, would be in your best interests. It ill decrease the tension, (which is likely to benefit your child), make it harder for your partner to convince herself, or others, that the relationship is still a positive one, and will also allow each of you to tart to consider your financial position and whether either of you can afford to stay in the flat.

    Go and see a solicitor, get some advice, including advice about how best to protect yourself.

    ^^^ This.

    In order for your partner to get legal aid for domestic violence then there needs to be evidence. Her saying it happened is not sufficient.

    You may find the police turning up with a harassment order - sibling got one of those because apparently phoning to arrange a pick up time for the children constitutes harassment. Again, this is one person's word against another but take legal advice if it happens. In siblings case, as the ex was lying, it never went any further and was not used in court.

    Go and see a solicitor for the facts, rather than listen to ill-informed scare-mongering.
    All shall be well, and all shall be well, and all manner of things shall be well.

    Pedant alert - it's could have, not could of.
  • pinkshoes
    pinkshoes Posts: 20,085 Forumite
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    When a relationship fails, you then have TWO households to maintain, so costs double.

    Obviously it is not feasible for you to pay an entire mortgage and rent elsewhere too, as well as paying child maintenance.

    You need to TALK to your girlfriend (thankfully she is not your wife, as this would complicate matters), and if you cannot communicate effectively, then you need to pay for a mediator so that you can come to an agreement.

    Worse case scenario you either tell your partner that the house needs to be sold, OR... she gets a full time job to pay the mortgage. You will then be entitled to a percentage of the equity once the house is sold when your child is 18.

    (technically, as she is not your wife, you can ask for half the mortgage repayments paid so far...)

    You might need to make it clear that if she doesn't choose one of these two options, then worst case scenario you will just stop paying the mortgage and the flat will be repossessed. Obviously this will screw up your credit rating.

    Odd question, but what attracted the two of you together in the first place?
    Should've = Should HAVE (not 'of')
    Would've = Would HAVE (not 'of')

    No, I am not perfect, but yes I do judge people on their use of basic English language. If you didn't know the above, then learn it! (If English is your second language, then you are forgiven!)
  • Fireflyaway
    Fireflyaway Posts: 2,766 Forumite
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    Brother get some legal advice. If you sell up at least you will each have some money to buy a new place or pay a rental deposit. If you pay maintenance towards your daughter that's going to help ensure she and your ex don't struggle and your ex may well be entitled to benefits. I knew someone with 2 kids. Her husband left and she was surprised how much money she had after he left, what with various tax credits and housing benefit she was ok.
    Most of all don't go recording your partner! That's going to make you look controlling. be a good dad and don't badmouth your daughters mum.
    Lastly but I should have said it first! Could you try counselling or getting advice from a trusted older family member or Imam? Having someone present to stop the arguments and work out the actual problem could really help. Even if things seem terrible you can get through it.
  • badmemory
    badmemory Posts: 7,793 Forumite
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    I suspect that the OPs biggest problem is going to turn out to be the fact that both their families & I expect the mother of his child do consider them to be married.
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