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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2285
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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My husband is trying to get me sectioned, what rights do I

Resolved Question:

My husband is trying to get me sectioned, what rights do I have over the house, financial issues, if he decides to divorce me?
Submitted: 11 months ago.
Category: Family Law
Expert:  Harris replied 11 months ago.
Hi, thank you for your question. Just a bit more information required to fully assist you:-How long have you been married-Do you have any minor children and what are their ages and arrangements-What other assets and liabilities do you both have-What are your respective income positions-Whose name is ***** ***** in, and what is the value of the property and any mortgage
Customer: replied 11 months ago.
We have been married for 29 years.
We have two children but both are over the age of 18 and do not live at home.
The houses is the main assest. There are some credit cards, £8,700, £5,525 both are in his name. We have about £8,000 savings, but my husband could have money elsewhere He has quite a few pensions, some of which he gets paid now. Army pension £828 per months and and army pension for being medically discharged from the army of £608.52 for weekly. He has his currents work pension £60,000? And several others smaller ones. I have one very small one from Tesco for about £5,000.
There is a car but I think it is in his name although I drive and insure it.
I am currently not working and have not had any real income for about 7 years(I know this looks bad, but there are reasons)
So yes he has financially supported me.
He earns approx £40,000 pa and is due a bonus of £3200? For the last year.
I believe the property is in both our names but not sure whose name is ***** ***** title deeds.
Haven't had the property valued recently but believe it is in the region of £250,000 - to £260,000 (Devon prices)
The mortgage currently stands at £80,000? maybe less. There is another 9 years or so left.
Customer: replied 11 months ago.
An up-date. My pension is a lot smaller, approx £3,000 in total. So not much to live on year. I mostly worked part time.
If I am sectioned, do I still have legal rights over the house etc?
If I am in unit for awhile, can he sell my things. Do I have any rights to the joint bank account?
What on the other side, if he decides it's in HIS best interest not to divorce me? Where do I stand legally regarding the house, and liabilities and any remaining assests.?
Will I have to wait for years to obtain any financial help or assistance or will any money be tied up in outstanding liabilities?
Thank you so I await your response.
I have looked up information but require more indepth information
Thank you
Customer: replied 11 months ago.
Regarding prospective income positions, I have been trying unsuccessfully for approx 7-8 months to re establish my career.
I would like to do some indepth courses, but am reliant on my husband to pay for anything (sorry so many questions!)
I don't want to be dependant on the state.
What rights do I have if I have mental health issues held against me?
Thank you
Expert:  Harris replied 11 months ago.
Thank you for confirming. He cannot use your mental health against you to seek more assets, however, if your needs are greater than his due to your mental health then you can seek a division of assets more in your favour, as well as potential spousal maintenance if you are unable to meet your reasonable needs from you income/benefits. Due to the long marriage of 29 years the court is likely to focus mainly on both of your needs. The court looks at the criteria below when deciding how to divide assets and make financial orders, with a starting point of a 50-50 split of all matrimonial assets and ensuring that both your needs are met in relation to both assets and income.As part of the divorce you will need to reach a financial settlement, initially this should be attempted either through negotiations or mediation (you can find independent mediators here: familymediationcouncil.org.uk If a settlement is agreed this can be submitted to court under a consent order (together with a D81 form outlining your respective financial positions). If mediation does not progress you should then proceed with an application to court under Form A for financial relief. This would include consideration of all your assets and financial position, as well as your needs, as well as his financial position and needs and the court will decide what is fair when considering the following criteria:1. The income, earning capacity, property and other financial resources which each of the parties to the marriage has or is likely to have in the foreseeable future, including in the case of earning capacity any increase in that capacity which it would in the opinion of the court be reasonable to expect a party to the marriage to take steps to acquire;2. The financial needs, obligations and responsibilities which each of the parties to the marriage has or is likely to have in the foreseeable future;3. The standard of living enjoyed by the family before the breakdown of the marriage;4. The age of each party to the marriage and the duration of the marriage;5. Any physical or mental disability of either of the parties to the marriage;6. The contributions which each of the parties has made or is likely in the foreseeable future to make to the welfare of the family, including any contribution by looking after the home or caring for the family;7. The conduct of each of the parties, if that conduct is such that it would in the opinion of the court be inequitable to disregard it;8. In the case of proceedings for divorce or nullity of marriage, the value to each of the parties to the marriage of any benefit which, by reason of the dissolution or annulment of the marriage, that party will lose the chance of acquiring.If you have any further questions regarding this please let me know. In the meantime if you found this information helpful please provide a positive rating. I will not be credited for answering your question without a positive rating. Thank you
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2285
Experience: Family Law - Specialist in Divorce, Financial Relief and Children Matters
Harris and other Family Law Specialists are ready to help you
Customer: replied 11 months ago.
Thank you for the above.
I would now to peruse the situation where my husband decides not to divorce me, as he believes financially this is in his best interest, where do I stand. If I believe that it might be in both are best interests to go down this route, how do things stack up for me?
Can he use any mental health issues against me for decision making?
Will I have to go through a period of separation, and if so how long before we can divorce and does he have any obligations to help me out financially,
What happens if I can't secure employment?
Will any financial help go against a final settlement and Can I insist he sells the house in order to split any assests
If for any reason I do have to be in a unit for any lenght of time, can he change the locks, sell any of my things, get rid of any my things, hide his assests, bring someone else into the house like a girl friend etc ( I mean as in a relationship)
Strange questions I know, but I have to get all areas covered.
Once again thank you, ***** ***** could also let me have a response with and without all the legal speak would be very helpful
Many thanks
Expert:  Harris replied 11 months ago.
For you to current pursue a divorce you will need to demonstrate that the marriage has broken down irretrievably due to his unreasonable behaviour. Once the petition is issue only then can you submit an application to court to deal with the finances.He is not allowed to change the locks to the former matrimonial home or dispose of any of your belongings or hide assets. You have a right to occupy the home - if it is in joint names on the title, then you also have a legal interest. If not, your right to occupy it lasts until divorce or a court order excluding you from the property.In relation to selling the home, if it is in joint names this either has to be done by agreement or if there is no agreement a court can order a sale of the property and an appropriate division. However, as you have been married for over 29 years the court will take into account all assets, including pensions, as you both have a right to consideration of a 50-50 split of everything initially.I hope this further clarifies this.

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