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ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 1441
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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I have a problem. I am Polish, my husband is Slovakian

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I have a problem. I am Polish, my husband is Slovakian and we have been living in the UK for 11 years. We've been together for 7 years and married for 5 years. We have got 2 kids ( 5,5 years and 1,5 year old girls). Last year in February 2014 we have bought a house, new build and have started living in since June 2014. We have a mortgage. We were first time buyers (mortgage with help to buy scheme). A month ago my husband announced that he is bored with this live and he wants to be alone an he is leaving us (I was in shock) and that he will move out when he will save some money to rent a flat. I was at the bank to ask them what now. what with the mortgage. They said I cannot take it by myself as I can not afford to pay for it so he has to stay on the mortgage document but I don't want him to be on the documents as I don't want him to come in about 10 years and ask for a money for half the house. I wanted him to sign some document with solicitor that his half will go to the kids and he will have no right to sell it. My husband doesn't want to sign it ( he said he will sign it when I will give him £6000-for half a deposit and half a loan)so I told him that in this case I want to sell the house and go and rent some house. He doesn't want to here it. I am worried a bit as he is a gambler as well...that is why I wanted him to sign this document. I just want to have some roof under my and the kids heads. I do not trust him any more as he thought he will leave me with all the debts (we have a loan as well) and that my parents will move in to our house (when he will move out) and will help me pay everything! Could you give e some advise where to go and ask for help? Anna
Customer: replied 2 years ago.
I didn't get any answer. Why?
Hello Anna
Welcome to Just Answer
I am a Solicitor and I will assist you.
I am sorry to hear about the difficulties that you are experiencing with your husband.
If your husband does leave and later issued divorce at court - then you are correct in thinking that he could try to make a claim in respect of the matrimonial property.
In relation to the matrimonial finances - The correct process for dealing with the matrimonial finances and division is to go through a process known as full and frank financial disclosure. Yourself and your husband would need to exchange full details of all assets ( including pensions) and liabilities before negotiations take place in relation to settlement. Everything is included in disclosure - all assets and all liabilities.
The normal rule for division is 50/50 however the matrimonial causes act sets out factors which could lead to a departure from this rule. A few examples are the likely earning capacity of both of you for the future, health needs, future care of children etc. If your earning capacity is less than your husbands and the children are going to live with you then you should be seeking a bigger share - somewhere between 10 - 20%
You should also consider asking for spousal maintenance - if your husband is earning capacity is higher than yours.
You should consider making a referral to a specialist mediation service. They can assist in relation to the process of disclosure and also in relation to negotiations about division. One such mediation service is the National Family Mediation service.
If agreement cannot be reached or your husband won't engage in providing full and frank disclosure then an application would need to be made to the court. You can not make an application to the court until you have at least attempted mediation first.
It is very important that no division of any assets takes place until a court order is obtained. Even if you paid your husband some money now but you didnt have a court order - then he could still try and claim more money in the future - so dont pay anything until you have a court order.
If division is agreed without the need to apply to court then you should submit a consent order for Judicial approval prior to division and obtaining decree absolute. Not doing so could leave you open for a future claim. Claims have been entertained by the courts decades after divorce / separation - so it is important that you deal with things properly.
If there is only a little bit of equity in your home and you can continue to afford the mortgage (with our without the help of your parents) and given that your children will be you and that he might have the capacity to earn more than you - then in reality you might have to only pay him a very small amount, if anything, to buy out his interest in the matrimonial home.
If you get an order from the Judge or by agreement to say that the house is yours then you only have to use your best endeavours to try and remove your husbands name from the mortgage in the future. The fact that you would have an order means that he wouldn't be able to make a claim against you in the future - even if the mortgage company wont remove his name. Mortgage companies aren't bound to remove him after an order has been made - as you have a separate contract with the mortgage company. The mortgage company often like to keep both names as if you couldn't pay then they could chase your husband - but as I have said if the court makes an order that the house is yours then this means your husband still cant claim even if he is still named on the mortgage.
In relation to your children - you should consider making a claim to the Child Maintenance Service.
A Solicitor can help you draft the Consent Order to protect your position for the future.
Legal aid is now only available if you can get domestic abuse evidence. Domestic abuse is widely defined by the legal aid and includes emotional and financial abuse as well as physical. See the link below and in particular the GP letter. Explain to your GP what is going on. If your GP is satisfied that you are suffering with a condition such as stress as a result of your partners behaviour and he completes the letter then take it to a legal aid solicitor so they can assess your financial means. You may then be able to get legal aid to help you.
Kind Regards
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