Welcome to Just Answer
I am a Solicitor and will assist you.
Please may I ask:
- are there any other assets - does you husband have any?
- what are your respective yearly incomes?
- was there any pre-nuptial agreement?
Thank you for your response.
I am very sorry to hear about the difficulties you have had with your husband.
A few more questions:
- how much equity in your property?
- where is your husband living now - still with you?
is your husband still acting abusively towards you? If so - when was the last incident? have you ever reported anything to the police?
what is the suspended sentence for?
are you in Ireland or England/Wales?
I do advise that you contact the police and report his behaviour.
I know that your original question relates to divorce and assets but I am also concerned with your safety and well being.
The police may want to investigate matters or charge your husband. The police could put conditions in place to prevent your husband returning to the house whilst they investigate.
If after reporting matters to the police - action isn't taken to prevent your husband returning - then given what you have said about your husband being very violent coupled with the facts that he is currently serving a suspended sentence for violent crimes and him being violent as recent as last night - you need to contact a family lawyer so that the can consider with you an urgent application to a family court for a non molestation order to prevent your husband threatening or harming. An occupation order can also be applied for to prevent your husband returning to the matrimonial home whilst the divorce and finances are resolved to give you welcome breathing space.
I suggest that you do all this today. You do not need to suffer alone. There is lots of help available and you can get legal aid for these types of applications although you may have to pay a contribution depending on your income.
I also suggest that you contact a domestic violence service such a refuge. The support that they offer is great and can rnage from a chat to cooking classes with other ladies etc
In respect of your house - I am sorry to say that he is going to be able to make a claim in respect of the matrimonial finances should you divorce. Given that the marriage is less than 5 years and also that it was a substantial premarital asset and you now have limited means - you need to argue that his share will be limited but he will have a share.
If you deal with your safety first - this will give you the breathing space to resolve the finances in time.
let me know if I can hep you further
let me know if I can help you further x