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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2848
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I married approx 3 years ago and as my new husband owns s

Resolved Question:

I married approx 3 years ago and as my new husband owns his own property which he inherited I gave up my housing association property.
Our relationship is not good as my husband takes no interest in me. He socialises with work colleagues , male and female, but doesn't include me. He has insisted on paying the house running costs but makes me responsible for providing the food for us both. I have a part time job on minimum pay. He hardly communicates with me.
He is not interested in improving the home and it seems he is saving for himself any surplus income.
I feel he wants to end the marriage and is keen that he retains everything he originally had, namely the house. I can understand this but I gave up my home to be with him. I will not get any assistance should we part. I have a daughter whom is at Uni (3rd year) but she has not been made welcome by my husband and I expect she will not return home.
Should we divorce would I have any share entitlement in his assets, and would it be better that I don't walk away in the meantime, although I have nowhere to go !
I am not in good health, I have anaemia and low blood pressure, resulting in a lack of energy and inability to work full time.
Are you able to give me any pointers as to my position, please.
Submitted: 1 year ago.
Category: Family Law
Expert:  Harris replied 1 year ago.

Hi, thank you for your question. Just a bit more information required to fully assist you:
-Are you in England or Wales?
-How old are you both?
-How long have you been married?
-Do you have any children together, if so their ages and proposed arrangements?
-What other assets and pensions do you both have (both sole and joint), together with values?
-What are your respective incomes?

-What is the value of the property, and what is the outstanding mortgage?

Expert:  Harris replied 1 year ago.

Hi, this question remains open. Please could you provide the requested information so that I can assist you.

Customer: replied 1 year ago.
We live in England.
I am 39, my husband 44.
Married almost 3 years.
No children together. I have a daughter aged almost 22. She is away at Uni and is unlikely to return home as she is not made welcome by my husband.
He has no children.
I do not have any private pension. He works for the NHS although not in a highly paid job, possibly £20,000 to £25,000 last. This may also provide him with a modest pension eventually but I have no firm other information on his earnings or pension prospects.
He has savings, thought to be in the region of £6,000 but again I have no firm information as he keeps things to himself. Other than the house which is in his name and mortgage free and valued at approx £460,000, there are no other assets of any value that I know of.
My income as a part time shop assistant is about £9,000 pa. This depends on the hours my employer gives me and this is the upper estimate.
Expert:  Harris replied 1 year ago.

Thank you for confirming. Firstly, despite him inheriting the current property as he has used it as the matrimonial home, and there are no other substantial assets, it will now be considered a matrimonial asset and you have matrimonial home rights by virtue of the marriage. This can be registered on the title of the property using form HR1 with the Land Registry and he will be given notice of this registration. The registration of your home rights will be drawn to the attention of any buyers and can prevent or delay a sale due to your interest. Furthermore, matrimonial home rights allow you to continue occupying the home until divorce, and during this time there should be either agreement or court involvement to decide a settlement.

Initially this should be attempted through mediation - you can find independent mediators here: http://www.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 once the divorce petition has been issued.

You will both need to provide each other with full and frank financial and income disclosure, as well as disclosure of your reasonable needs. The Court's starting point is a 50-50 split of all matrimonial assets and ensuring that both your needs are met in relation to both assets and income. The criteria considered is:

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.

Given that there are no dependant children, the court will focus on both your needs and it may be appropriate for the property to be sold, equity divided in a way to allow you both to rehouse yourselves independently.

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 using the stars at the top of this page. I will not be credited for answering your question without a positive rating. Thank you

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