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Nicola-mod
Nicola-mod, Moderator
Category: Law
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Experience:  Moderator
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my estranged husband has blocked all my access to any finances

Customer Question

my estranged husband has blocked all my access to any finances and I now have to ask him by email with 24 hrs notice for every item of cash and justify expenditure and I have 3 young children 8 and under. I also believe he may be moving assets to overseas accounts or may change ownership of the house to a thirds party as the house is currently in his name and the major asset
Submitted: 3 years ago.
Category: Law
Expert:  Stuart J replied 3 years ago.

Law Denning :


Hello, I am Law Denning and I am a practising solicitor in a High
Street practice. I have been an expert on this website in UK law since 2008.
During that time, as you appreciate, I have answered thousands of questions
from satisfied users on a variety of subjects.
Because we are all in practice with clients and court and other
users, I might not always respond in
minutes, particularly evenings and weekends. Please bear with me in that
case

It is my pleasure to try and assist you with this today. Please bear with me
while I gather some further information from you in order for me to be able to advise you fully.
Do you have a specific question?

JACUSTOMER-rthe3xbi- :

Can I force him to make funds available for mine and the 3 childrens living expenses without having to ask every time and justify each penny of expenditure as it is very degradingand can I prevent him moving assets overseas or changing the ownership of the house

Expert:  Stuart J replied 3 years ago.




Have
you seen a solicitor?

Have
you had a matrimonial home right registered against the house?



Why do
you think he is going to change ownership of the house?



How
long have you lived apart for? I need to know exactly what you mean by "estranged"



Have
you started divorce or separation proceedings?



What
do you ultimately want to do in that respect?



I am
off-line shortly until later so please bear with me.



Customer: replied 3 years ago.

have not seen a solicitor yet. no matrimonial home right registered. because we split up 5 years ago when we were not married and my husband arranged for items were storing in a jointly owned barn and land to be removed under the cover of darkness without my knowledge. I asked him to leave 2 weeks ago. I thought estranged was the term when you were no longer living together. He doesnt want to but not becasue he wants to reconcile I am guessing he doesnt want to support me and the kids as I have no income and gave up my career to raise the children and project manange a 3 year home renovation project which is the house we live in while he worked abroad monday to friday. Also last time we seperated he hid funds offshore. I amsolutely want a divorce as I cannot tolerate his belittling and controlling behaviour any longer. He has a friend who is a very underhand family lawyer and last time we went through this process when we werent married did alot of underhand stuff so I expect he is getting his advice again but I am interested more to know whether he is allowed to sever my access to the family finances in the manner he has without any warning

Expert:  Stuart J replied 3 years ago.

So are you married or not?

How long have you now been apart? 2 weeks? Did he move out when asked?

Customer: replied 3 years ago.

yes we are married


 


he refused initially but did eventually yes 2 weeks

Expert:  Clare replied 3 years ago.
Hi
How much is the house worth and how much is outstanding on the mortgage?
What are the other assets worth and how much does your husband earn?
Claire
Customer: replied 3 years ago.

house worth about 750k mortgage 320k other assets 60k my husband earns in the region on 260K pa and works in switzerland as a ceo of an it company but is on a uk payroll although

Expert:  Clare replied 3 years ago.
Hi
Are there any accounts in joint names?
Claire
Customer: replied 3 years ago.

no I have no income and 3 children 8 and under

Expert:  Clare replied 3 years ago.
Hi
There are a number of ways forward.
The fist is an immediate application to the CSA for Child Maintenance - you can apply on line.
There are also applications that you can make to the Court even before the Divorce Petition is issued - these are detailed here
http://www.inbrief.co.uk/divorce-law/pre-divorce-maintenance-orders.htm
You can protect your interest in the house by completing and Registering this form
http://www.landregistry.gov.uk/_media/downloads/forms/HR1.pdf
In any event do not worry - and transfer to a third party would be set aside by the Court in any event - and any funds moved can be traced.
His actions are sufficient to entitle you to a divorce based upon his Unreasonable Behaviour
I hope that this is of help - please ask if you need further assistance
Claire

Expert:  Nicola-mod replied 3 years ago.
Hello,

Just a quick reminder, there is an unrated answer waiting for you here from the Professional.

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Thank you,
Nicola

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