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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2732
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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My husband and separated in March 2015, after mentally, verbally

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My husband and separated in March 2015, after mentally, verbally abusing me for years. He went straight to live with yet another woman from an affair and I have also found out about another child. We were married for 11 years I had our daughter in October 2007 and was then diagnosed with Rhumatoid Arthritis, I was registered disabled in 2009. My husband earns good money £200,000 approx. I gave up a job in Mexico $200,000 a year came back to the UK worked in London earning £55,000 a year and even got a company car through my work as we were struggling financially because he was in deep debt, all my savings and my home were sold. He also didn't want me to return to work so I was there for our daughter.I am still in the family home as I threw him out, he has not given me a penny and we have our first financial court date in January 2016. He has also been hiding shares in off shore accounts.
Firstly will I get back any money that he hasn't paid me since the end of March. He's just brought himself a watch for 6k and lots of holidays with another new mistress! He thinks he doesn't owe me a penny!
I just need some advice to help me see some light at the end of the tunnel.
Thank you
Mary
Submitted: 1 year ago.
Category: Family Law
Expert:  Harris replied 1 year ago.
Hi, thank you for your question.
The Court will look at all the facts of the case in the financial relief application and consider your needs, your daughter's needs and your husband's needs when coming to a decision about how all the assets of the family are to be distributed. The court will look at your contributions throughout the marriage to ensure that your needs are met and your standard of living remains similar to what you enjoyed throughout the marriage.
Expert:  Harris replied 1 year ago.
Hi Mary
Hope this information was of assistance. Have you managed to progress matters? Please let me know if you have any further queries.
Regards
HH Solicitor
Expert:  Harris replied 1 year ago.
Hi Mary
Hope this information was of assistance. Please rate positive if you found the information helpful.
Have you managed to progress matters? Please let me know if you have any further queries.
Regards
HH Solicitor
Customer: replied 1 year ago.
Thanks for the above,
Everything has just been dragging on and on as he's not replying to my solicitors!
How do I stand regarding the family home? He didn't put me on the mortgage of the house he brought in 2004, after I sold my own home and all the above to keep the house. He moved straight in with his mistress the day after we split.
Our daughter is 8 and is terrified of having to leave the only home she has known, but unfortunately has witnessed his verbal and physical abuse. He is saying once the divorce is sorted I will have to vacate the property as its in his name, even though I have lots of evidence of my contribution and clearing out my bank accounts to pay the mortgage.
I still have daily verball abuse from him and threats if I say what he has done to me over the years. Where do I stand, like I said he earns 300k a year, I left my job to look after our daughter but now registered disabled with Rhumatoid Arthritis. I have constant emails telling me to go get a job, then he is like I'm away all week with work I can't have or see Mairen. When it suits, like our 11 years of marriage and his constant affairs he denied and always said I was mental and unhinged but I now have evidence from his former ladies, who knew nothing about mysel and our daughter.
So basically what can happen to the house, concise ring I will look after our daughter and she is very anxious about not leaving here as she has two cats she adores. He can't just kick us out, what rights do I have?
Kind Regards
Mary
Expert:  Harris replied 1 year ago.
Dear *****,
You (and your daughter) have a right to occupy the family home arising out of the marriage, even though it is in his sole name. Your husband cannot kick you out. I would suggest that you consider making an application to the land registry under form HR1 (https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/449289/HR1.pdf) - basically this registers your interest in the property and, once registered, any buyer will see that you have an interest and may prevent or delay a potential sale.
Also, as you have a hearing in January, the Judge is highly unlikely to make an order removing you and your daughter from the property. Given that your husband has already moved out and is living elsewhere, and has a high salary, it is likely that the court will see that he can meet his own needs and that you and your daughter should remain in the matrimonial home.
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