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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33283
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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Hi. Im currently going through a bad patch with my husband

Customer Question

Hi. I'm currently going through a bad patch with my husband and he keeps threatening he'll leave. He accuses me of separating him from his 3 children in the USA constantly. We had met on a matrimonial website. I live in the uk and he was in USA at the time. We have a 3 year old girl now. We all live in my mums house. He's saying that he won't leave the house until I divorce him. He says he'll leave on an almost daily basis. I'm now fed up and have told him to not threaten and just go. But now he says he won't go until I divorce him. What rights do I have to tell him to leave and how do I go about doing this? Also, my mums house is fully owned by her but she has added mine n my sisters name to it. Can my husband claim part of the house?
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Who else lives in the property?
how much is the property worth and how much is outstanding on the mortgage?
Clare
Customer: replied 2 years ago.
My mum, my husband, my daughter and myself. My father passed away and so the mortgage was fully paid for. Property if probably worth approx £330000.
My husband has lived here since we got married. 6 years ago.
Customer: replied 2 years ago.
Relist: Other.
Asked for further details. Responded within minutes but been over 30 mins but haven't received reply
Customer: replied 2 years ago.
Relist: Other.
Haven't received a response to my question yet.
Expert:  Clare replied 2 years ago.
Hi
My apologies for the delay I have been off line
When you say it is fully owned by your mother but your name is on the deeds with your sister as well can you explain a little more about this please
Also what other assets and do you each have and what income
Clare
Customer: replied 2 years ago.
Property deeds have 3 names on. My mums, mine and my sisters. However my sister n I have not contributed towards the purchase of the property.
He owns a car he recently purchased when mine was made a right off two months ago. Since he bought it has claimed time n again that it's his. And when he leaves he'll take with him.
I have some money put in my name in a fixed account by my mum. £20k. About £5k in another savings account. I have a loan of £ 25k which I recently renewed. It was originally taken for my husband to use to fight for custody of his kids in USA. Balance outstanding before I renewed was £14k. He's lent £15k to his sister when she recently needed it.
Expert:  Clare replied 2 years ago.
HI
How much do you each earn?
Clare
Customer: replied 2 years ago.
My salary is £28k gross. My husbands £36k. He's currently been out of a job for two months but due to start another at same salary on 5th may.
Expert:  Clare replied 2 years ago.
Hi
When your mother put the property into joint names was there any document prepared to protect your mother's rights?
Clare
Customer: replied 2 years ago.
No document was prepared. Just our names added to the deed
Expert:  Clare replied 2 years ago.
Hi
Are you willing to divorce your husband - and is he violent at all?
Clare
Customer: replied 2 years ago.
Yes I am willing to. He hasn't hit me. But he gets very angry and shouts a lot. Even in front of my 3year old and mother.
Expert:  Clare replied 2 years ago.
Hi
Your husband cannot be forced to leave the Matrimonial unless or until there is a Court Order either as the result of Domestic Violence - or a financial Order within Divorce proceedings
Accordingly if he will not leave voluntarily then you will need to start Divorce Proceedings based on his unreasonable Behaviour and within those start to deal with the Financial issues.
The starting point would be to try and negotiate a settlement using Family mediation (www.famiymediationhelpline.co.uk)
Since you have an interest in the equity in the property then your husband does have a potential claim - but it is a small one and could be set off by the money that he has loaned his sister and the car
This however can only be the roughest of guides - but please ask if you need further details
Clare

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