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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33305
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Hi, My marriage of 3 years has broken down due to my husbands

Customer Question

Hi,
My marriage of 3 years has broken down due to my husbands emotional and financial abuse. I have two children a son of 8 by a previous relationship and a daughter of 2 which is my husband and mine. I suffer with uncontrolled epilepsy and am claiming DLA and SDA. Although I am married my husband refused to have a joint account or put my name on the house. Although he has happily spent my money till I'm in debt.
Eventually I have decided to leave but am frightening how I will manage to make ends meet. Please could you inform me what benefits I would be entitled to as a single person. He owns a four bedroom house, Porsche and Rolex watch but I have been told it's not possible for us to divide assets as my name is XXXXX XXXXX the house. I have no money for solicitors and he has access to solicitors free in word. Also due to being on benefits any money I received I couldn't keep. This is a really uncertain and worrying time and I need to move as soon as possible.

Please could you help?

Regards

Alison
Submitted: 3 years ago.
Category: Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question
My name is XXXXX XXXXX I shall do my best to help you but I need some further information first.
How long have you actually lived together?
How much is the house worth and how much is outstanding on the mortgage?
How much does your husband earn?
Claire
Customer: replied 3 years ago.

Hi,


 


We have lived together since June 2009. The house is worth roughly £205,000 he just remortgaged it for £164,000 if this helped and has about 18 years to pay. He hides the financial issues so I know little. He earns about £2,163 a month plus hidden extras in work I.e health insurance, health care, car bonus.Sorry if I'm not to helpful but he tells me nothing about this financial affairs at all!


 


 


Alison

Expert:  Clare replied 3 years ago.
Hi
How many bedrooms does it have?
Claire
Customer: replied 3 years ago.

Hi


Four bedrooms.


 


 


Alison

Expert:  Clare replied 3 years ago.
Hi
How much does a three bedroom property in the same general area cost?
Claire
Customer: replied 3 years ago.

Hi,


 


Roughly about £30,000 less to buy


 

Expert:  Clare replied 3 years ago.
Hi
Would you like to remain in the house instead of him?
Claire
Customer: replied 3 years ago.

Hi,

 

He would never move out. He bought the House with his ex in 2005 and it was in joint names.He paid her off a sum of money (unknown) rather than loose his house. Just took her name off the mortgage etc. It's an awful situation at the moment. He says he can throw me out as it's not on joint names or charge me rent.Is this true?

 

Sorry for the abrupt reply he is watching and monitoring all I do.

 

Regards

 

Alison

Expert:  Clare replied 3 years ago.
Hi Alison
He is wrong.
You have an absolute right to live in the Matrimonial Home so long as you are married - and you also have a clear financial claim on the property as well. He CAN NOT charge you rent.
You can and must Register these rights at the Land Registry using a Form HR1 available here
http://www.landregistry.gov.uk/_media/downloads/forms/HR1.pdf
Given your medical condition in the event of a dispute it is likely that the court would leave you and the children in the property and force your ex to leave and pay you both Child and possibly Spouse Maintenance in order to allow you to to care for yourself and the children
I hope that this is of assistance - please ask for all the further details that you need
Claire
Customer: replied 3 years ago.

The relationship is abuse and I'm sure he won't leave he sees the house as his and his alone. He won't put any heating on,buy food or spend any money on the children. None of the kitchen appliances work. If I were to ask the courts to get him to leave would I have to pay the mortgage? As I could not afford this being on benefits. Do I need the marriage certificate to register with the land registry as he has hidden this from me?


 


Regards


 


Alison

Expert:  Clare replied 3 years ago.
Hi
If he will not leave the court will force him to - and you do not need the Marriage Certificate in order to Register your rights.
The financial issue is a more difficult one but as I said you will be entitled to Child and spouse maintenance which could well cover the mortgage.
Please contact the charity Womens Aid (www.womensaid.org.uk) who will be able to assist you in deciding what is best for YOU and your children
The starting point is that he does NOT have the power that he says he does.
He does have to share the financial assets with you - including the value of the Car and the Watch.
Your debts will need to be paid off and you will be entitled to capital to help you if you decide that you would rather move out and rent else where.
If you do that you will be expected to pursue your share of the capital value of the house as otherwise the Council will not pay Housing benefit
Claire
Customer: replied 3 years ago.

Hi,


 


I understand my housing may not be helped/paid but what would happen to my monthly benefits would they stop if I received a cash settlement? Do I have to see a solicitor to put my name on the land registry?


 


 


Regards


 


Alison

Expert:  Clare replied 3 years ago.
Hi Alison
Which benefits do you actually receive?
Claire
Customer: replied 3 years ago.

Hi,


 


I receive disability living allowance and Severe disability allowance.


 


Regards


 


Alison

Expert:  Clare replied 3 years ago.
Hi
Neither of these are means tested so you will continue to receive them
Claire
Customer: replied 3 years ago.

Hi,


 


 


Thankyou for all you help and assistance.


 


Regards


 


Alison

Expert:  Clare replied 3 years ago.
Hi Alison

You are most welcome Inhope all goes well
Claire

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