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familylawexpert
familylawexpert, Family Solicitor
Category: Family Law
Satisfied Customers: 311
Experience:  Substantial experience (14yrs +) in divorce, financial cases, cohabitation, pre-nuptial agreements and civil partnerships.
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I have been married to my husband for 5 years together for

Customer Question

I have been married to my husband for 5 years together for 10 we have two daughters age 9 and 4 we are in the process of splitting he has agreed to rent me a property but I am confused as to where I stand and what he can and can't do this property is unfurnished and he will not allow me to take any of the furniture in our house everything is in his name bank accounts savings cars and the house I have nothing he would like this to be as difficult as possible for me and I would just like some advise on what to do?
Submitted: 2 years ago.
Category: Family Law
Expert:  familylawexpert replied 2 years ago.
Hello,
My name is Mac. I can help you with your question. First I need a bit more information:
- do you have a rough idea of what the family home is worth?
- what does your husband do for a living?
- do you have any idea (even a guess) of any other kind of assets that he has?
Regards,
Mac
Customer: replied 2 years ago.
Hi are home is worth £400,000 there's a £200,000 morgage on it but that money isn't being used its in a bank account he's has his own building company that has 3 rentals and is always building new houses and selling them he has money in wines stocks and shares I don't know exactly how much hope this helps
Expert:  familylawexpert replied 2 years ago.
Hello,
Thanks - that's enough to give me at least a flavour.
His suggestion to you about renting etc sounds mean and unreasonable (and I say that from a professional perspective, based on what I would advise him (or you) would be reasonable to do). To be honest, he sounds like he wishes to be very controlling financially.
I would recommend that you consider starting divorce proceedings, and asking him for full financial disclosure of his assets. If he won't do that, then you could issue a financial application (which only requires you to fill in one short application form for the Court - and he would then automatically have to complete a very detailed financial statement, as well as produce a lot of supporting documentation). You would then be able to get detailed advice on what you are entitled to - but broadly speaking you are likely to be entitled to at least 50% of the total assets, as well as child maintenance (roughly 20% of his net income), as well as possibly some maintenance for you.
In summary, you are likely to be entitled to quite a lot, and he is trying to give you very little. I suspect it will be necessary for you to be strong in taking action to force him to be more reasonable. Starting divorce proceedings would be a good start. In addition, if you can bear it, you could refuse to move out of the house until you have a better deal (but obviously not if you cannot stand living with him any longer than necessary).
Kind regards,
Mac.
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Customer: replied 2 years ago.
Thank you so much for your help he is very controlling financially and in every other way for me and my children he opens my post and tells me and the children what we can and can't eat your response helps a lot as he has told me that after 5 years of marriage I wouldn't get anything which as a mum of two is a worry I haven't worked because he prefers me to be the traditional wife but now with your advise I feel I could possibly try and stand up to him thank you so much
Expert:  familylawexpert replied 2 years ago.
You really should stand up to him enough to realise what is your entitlement (not a question of his 'gift' to you). I'm confident that you'll do better in the end than you possibly could have thought you might at the moment.
I wish you the best of luck.
Mac.