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Joy Nicholas
Joy Nicholas, Lawyer
Category: Family Law
Satisfied Customers: 2504
Experience:  Lawyer
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Married for 30 years. Yesterday I had to leave the family

Customer Question

Married for 30 years.Yesterday I had to leave the family home due to intimidations and implied threats from my husband.
He has destroyed some of my my possessions, using a hammer and bleach. He is now threatening to destroy the family home.
Is there a way to stop him causing more damage?By leaving the family home have I forfeited and monetary interest in it?Five years ago I inherited some money and gave some money to each of our two sons which is now in property in their names.
I also paid 50K off our joint mortgage.
Is there any way of excluding our sons properties from any divorce settlement and a way of retaining at least a proprtion of the 50K I put in from my inheritance?Will my husband be entitled to any claim on my pension?Am i liable for any of my husbands personal or company debts?Thank you Helen
JA: What steps have you taken? Have you filed any papers in the family court?
Customer: No steps taken it happened within the last 24 hours
JA: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county do you live in?
Customer: No, United Kingdom
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: no
Submitted: 11 days ago.
Category: Family Law
Expert:  Joy Nicholas replied 11 days ago.

Hi, thank you for your message. Welcome to just answer. I am very sorry to hear about your situation. Can I confirm is there a court order in place?

Customer: replied 11 days ago.
No there isn’t .
I told him to stop and warned him I would take action if it continues
Expert:  Joy Nicholas replied 11 days ago.

Hi, thank you for your message. If you feel threatened by your partner you can look to obtain an occupation order and also separately a non-molestation order. The occupation order will allow you to live in your home and this combined with the non-molestation order will prevent your partner residing there. You can apply for an occupation order if:

  • you own or rent the home and it is, was, or was intended to be shared with a husband or wife, civil partner, cohabitant, family member, person you’re engaged to or parent of your child
  • you do not own or rent the home but you’re married or in a civil partnership with the owner and you’re living in the home (known as ‘matrimonial home rights’)
  • your former husband, wife or civil partner is the owner or tenant, and the home is, was, or was intended to be your shared matrimonial home
  • the person you cohabit or cohabited with is the owner or tenant, and the home is, was, or was intended to be your shared home

An occupation order is a type of injunction which deals with who lives at the family home. An occupation order can order your partner to move out of the home or to stay away from the home

In order to apply for the occupation order you will need to fill out the form: https://www.gov.uk/government/publications/form-fl401-application-for-a-non-molestation-order-occupation-order

The form asks you for your:

name and contact details
ex-partner’s name and contact details, if you have them
mortgage details, if you have one
reasons for applying
You’ll also need to write out a ‘witness statement’ and attach it to the form. This is an opportunity to explain why you need an occupation order - for example because you can’t afford to move anywhere else right now. Write ‘I believe that the facts stated in this witness statement are true’ at the bottom of the page, and then sign and date the statement.

Send 3 copies of your application to your nearest court. They’ll arrange for a copy to be sent to your ex-partner and will ask them to write their own witness statement, and one copy will be sent back to you to keep. The court will get in touch with a date for the court hearing. If you’re worried about being in court with your ex-partner, you can ask to have the hearing in separate rooms. To find your nearest court you can use this function: https://courttribunalfinder.service.gov.uk/search/postcode?aol=Housing%20possession

A non-molestation order is a kind of injunction which can protect you and any relevant child from violence or harassment. You can obtain a non-molestation order against someone who has been physically violent or against someone who is harassing, intimidating or pestering you as in this case. When deciding whether to grant a non-molestation order the court will consider all of your circumstances, including the need to secure the health, safety and well-being of you and any children. You therefore need to show the court how your health, safety or well-being or that of your children would be at risk if you are not granted the order.

In regards ***** ***** your items you will need to contact the police who may investigate further as this may be criminal damage. You have not forfeited interest in the home for leaving the home.

Upon separation you will need to determine your matrimonial assets and your non-matrimonial assets, as it could make a difference to your Financial Settlement. Matrimonial assets are financial assets that you and/or your spouse acquire during the course of your marriage. This differs to non-matrimonial assets, which are financial assets acquired either before or after your marriage. However, matrimonial assets typically include things such as the family home, pensions and savings. It doesn’t really matter who put the money forward or who accumulated the wealth. When you’re married, the law in England and Wales considers that any assets you acquire also belong to your husband or wife. Non-matrimonial assets typically include things like inheritance, family businesses and property purchased before the marriage or after separation. Matrimonial and non-matrimonial assets matter when it comes to divorce and separation because you and your ex will need to divide your finances between you. The arrangement that you reach must be fair and reasonable to each person. Matrimonial assets will, by their very nature, be shared out between you and your spouse during divorce. Non-matrimonial assets are a little more complicated. Often you can request that they be excluded from the Financial Settlement. But this request might not always be granted. This might be because the non-matrimonial asset was used somehow in your marriage. The starting point for the courts is a 50/50 split but in making their decision they will look at fairness and each of your financial situations. You can read more about money and property when you divorce or separate here: https://www.gov.uk/money-property-when-relationship-ends

You are not liable for your husbands debts if they are his debts alone.

I hope this helps and I wish you all the best in dealing with this matter. Please do not hesitate to contact me should you have further questions regarding this matter. I am happy to answer follow-up questions - please do get in touch with extra information or further queries and I will do my best to help you. Best wishes.

Customer: replied 11 days ago.
The fact that my inheritance paid for our sons houses which are registered in their names does that exclude them from the marital assets ?
Expert:  Joy Nicholas replied 11 days ago.

Hi, thank you for your message. Yes this should exclude them. Best wishes