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ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 1368
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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There, I need to know how I stand regarding home and finances

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Hi there, I need to know how I stand regarding home and finances please.
Can my husband sell the house without me knowing? It is in joint name. The business is not in joint name but I own 20%. I am also the co secretary. The business is in abeyance as he created a new firm last year and owns that completely. He cannot get money out without my co-signing the dividends. I am not contesting the divorce but he wants me out and the house sold asap even though we will have to drop the price. That is OK for him and he can make up the money but , as a nurse, I have littlemoney coming in.
My husband has found someone and wants a divorce. He wants us to do this asap. Problem is we need to sell the house, and I still have a course to finish and no income till 2017. Its the usual story. I supported him/us financially when he set up his businesses by working as a nurse and the idea was that I would get to go to uni when we were settled. Now we are settled he wants me out. He has been trying to find someone new I now find for over a year. Had he explained this a year ago I would have stayed at work and now had an income. He is on dating sites and has gone off to meet someone new.
Thank you
Hello Victoria
Welcome to Just Answer
I am a Solicitor and will assist.
I am very sorry to hear about the difficulties that you are experiencing with your husband.
Please may I ask:
- do you have children together?
- how long were you married?
- how are you dealing with the issue of the matrimonial finances? Has your husband provided you with full disclosure? Has any agreement been reached?
- how much equity is in your house?
- what are the other assets?
Kind Regards
Customer: replied 2 years ago.
Hi Caroline,
The house is worth getting on for £800k, My husband has done a full disclosure which he showed to me but I don't know where it is now. We have no children. We have been married since 24/04/1998 and lived together before then and we were jointly on the mortgage of the home at that time. I don't know how much the business is worth. It is called PharmaPriceInternational but is a new business as my husband formed it last year and some of his colleagues invested in that firm. He has another firm in abeyance, ABPPC and I am company secretary for that. Looks like he was planning this for a while. Oh dear.
Hello Victoria
Your husband cannot sell the current property without your permission - as it is in joint names.
There is a set process for dealing with the matrimonial finances.
The first step is to exchange full and frank disclosure of all assets and liabilities before negotiations can take place as to who should receive what.
As a general idea the starting point for a long marriage such as yours is 50/50 division. All assets will be included, even pensions and the business etc
The Matrimonial Causes Act sets out factors to consider departing from 50/50 - some examples being the future earning capacity of both of you and future health needs etc if this applies to you then you should ask for a larger share.
If your husband earning capacity is more than yours - then you should also consider claiming spousal maintenance.
First step is to refer your case to family mediation. There are lots of family mediation services and there will be one local to you. Just google family mediation in your area and give them a call to get the ball rolling.
Mediation will help with full disclosure and negotiations. If your husband won't engage then you should apply to court using Form A - court fee is £215
It's best not to split any assets until you have a court order. If you can agree at mediation then you can submit a consent order to the court for its approval. If you don't do this then you could leave yourself open for a future claim.
Please don't hesitate to ask if I can clarify anything for you
Kind Regards
Positive feedback is gratefully received
ukfamilysolicitor and other Family Law Specialists are ready to help you
Customer: replied 2 years ago.
Thanks Caroline,
I have just been searching in the filing cabinet and found forms that my husband has filled out on my behalf....... asking for a divorce on grounds of infidelity.....a couple of bits of which are also new to me. The full schedule has disappeared but there is a draft agreement which has been signed by neither of us. When he spoke to me about all this, he was clearly up to speed whereas I am just catching up. I don't think he considered that the business would be up for 50/50 split and certainly did not think about spousal support, but that may be because it did not occur to him as I have always worked!
My position is that I have a post grad course locally that does not finish till 2017. I will not be able to afford the final year and have applied for a load of full time jobs with accommodation just to be out of here. Can he force me to leave? All I am asking is to finish my course and to be able to have somewhere to take my stuff. I don't feel I am being unreasonable. Oh and he will not move out of the master bedroom although I have made the gust room and en suite ready . OK I am being a bit pigheaded with that....I recently decorated and am angry that I should have to leave it.......Thank you so much for this, Caroline, I did not know where to turn and now feel a lot clearer in my mind!
If agreement hasn't been reached - then he really can't force you at this stage to sell or leave.
The property will have to be dealt with eventually and the equity split so you can both be rehoused.
Best to refer to mediation and seek his agreement that the house will be sold after you finish your last 2 years at uni - he may not agree to this and refer the matter to court asking for a quicker sale - but this all takes time.
My advice is that you don't agree for the house to be sold until you have gone through full and frank disclosure and reached an agreement. The monies should not be distributed until a court order is obtained.
Kind Regards
Customer: replied 2 years ago.
Thanks Caroline,
I will do as you suggest.
Kind Regards
Glad I could help
Kind Regards