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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 10726
Experience:  I have been practising for 30 years.
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I own three quarters of my house and my husband one quarter.

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Hi, I own three quarters of my house and my husband one quarter. I feel the time has come for us to part, he is a bully amongst other things. Am I within my rights to tell him to go, I can repay him for the amount he paid in. His name is ***** ***** deeds too. He will not go other than to get him forced out which I don't want to do yet. Will we have to put the house up for sale as so far I wish to stay due mainly to ill health.

Hello for clarification - have you an agreement to say about shares of house?

how long have you been married please and any children? thanks

Customer: replied 7 months ago.
ultimately the house is in trust for my son. 14 years married and no children, it is my son.
Customer: replied 7 months ago.
I would rather email please
Customer: replied 7 months ago.
My husband has savings and is earning a good salary, he is only 55, 14 years younger than me and I am 69, he could get another mortgage I am sure
Customer: replied 7 months ago.
The trust kicks in when I die and my son wishes to sell the house or when my husband dies and my son has allowed him to live here till his death or he remarries

No problem. The offer of a telephone call comes out automatically. You can just ignore it or take it up. It’s optional.

It’s the marital home and it doesn’t matter whether it’s in your name or his name or joint names or what the proportions are. He is free to come and go as he wishes provided there is not a court order preventing him.

Unless there was any prenuptial agreement or postnuptial agreement about these relevant shares of the property, then as part of the divorce proceedings, if the court thinks it appropriate, it can actually overturn the underlying trust that created these shares.

I’m a bit confused because you say that you are three quarters of your house and your husband one quarter but then you say that its interest for your son so I assume that you mean your name is ***** ***** property holding it on trust for your son.

If that has been done to defeat your husband’s potential claim on your three-quarter share, the court can overturn that also.

You say that it only kicks in when you die although it wouldn’t stop your husband bringing a claim under the Inheritance Provision for Family & Defendants Act if he can convince the court that you should have made better arrangements for him and you haven’t.

We don’t have to put the house up for sale although it depends whether he will accept the one quarter that is on offer if you want to buy him out because if you have that money stashed away somewhere, he may have a claim on that money also.

.Can I clarify anything else for you? I’m happy to answer any specific points arising from this.

I’m happy to answer any specific points arising from this.

Please take a moment to look at the top right hand corner of the page and rate my service by clicking one of the stars at the top of the screen. It’s important you use the rating service because that gives me credit. It doesn’t just give me a pat on the head! All you need to do is press Submit. Thank you.

If you still need any point clarifying, I will still reply because the thread does not close.

Best wishes.

FES.

Customer: replied 7 months ago.
Thank you. I did give my husband £20,000 of premium bonds for a present but he cashed them in to get enough money to put into this house. I was emotionally blackmailed into him having his name on the deeds, I did not want to do this but he would not move otherwise. If I sought a divorce stating unreasonable behaviour, ie his mentally bullying me which I have on record at my doctors and my neighbours are witness to him shouting at me. He will not have this conversation, he just storms out shouting at me, frightening the dog and reducing me to shaking, palpitations. I had to go into the Priory in 2010 as it got so bad, I was there for nearly 3 weeks, during that time I made friends, started eating properly and slept well. Now it is building up again to the point, he screams if I suggest a holiday by myself, and when I used to stay with a friend, he would make my life hell upon my return. He has never hit me but sometimes clenches his fists in anger which he knows frightens me.
Customer: replied 7 months ago.
If I did buy him out that would leave me with only about £30,000 anyway. I could scrape by on my state pension, just about.
Customer: replied 7 months ago.
Ideally I need a bungalow as this is 3 storeys but do not want to unless financially I have to, or my arthritis makes it impossible to carry on living here.
The trust is signed by both of us and I think my son would let me husband live here upon my death, or until my husband wants to move which he never will, so upon his death my son will do whatever he wants with the house.
Customer: replied 7 months ago.
My money is just in a building society and so is his. I think if I presented him with divorce papers he would either smash the place to pieces or end his life, well he has threatened to do this before but I think he is too much of a coward. His sister lives in a large house 5 mins from here but my husband fell out with her husband and now it is stalemate, my husband has no friends whereas I have to many to catch up with, this he resents.
Customer: replied 7 months ago.
Do I take it that divorce and hope for the best is all I can do. I would dread bringing up the conversation at any time but would at least leave it till after Xmas, having consulted with my son who will be staying here with his fiancée, and certainly have another man present when I do this. I am not in a relationship and do not wish to be. I think my husband would be much better off emotionally if he had someone else but I am almost sure he does not.

I’m afraid that in a marriage, the courts do not view this as emotional blackmail but, regardless, he has exactly the same financial claim against the property whether it’s in joint names or your sole name.

If he is bullying you to the point where it’s affecting your health, you can apply to court for a non-molestation order to prevent him coming within 100 m of you and an occupation order to make him move out of the house.

None of that however would affect the financial settlement. I’m assuming that you have no dependent children under aged 18 living with you.

More?

Customer: replied 7 months ago.
No dependant children, thank you for your help, at least I know where I stand. Will I be able to save this info or should I shut it down and just save it on my laptop.

As far as I’m aware the thread stays open for weeks if not months but you can certainly cut-and-paste all the text to save it.

I am glad to help.

Before you go (you can come back at any time), please don’t forget to use the rating service because that gives me credit. It doesn’t just give me a pat on the head! The thread remains open. We can still exchange emails.

Kind regards.

FES

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