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Mina Counsel, Barrister
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Experience:  Barrister
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Second opinion] This is for a family law barrister I have

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second opinion] This is for a family law barrister
I have two very young children. Boy and girl ages 3 and 7. My husband has been married to me 9.5 years he is here in a spouse visa . Ten year route . I have renewed his visa 3 times now. Every 2.5 years it gets renewed. So it will expire 2021 and then has to be renewed 1 more time before he can apply for permanent residency/
Over the years my husband behaviour has deteriorated. I feel used for gaining entry into uk. He emotionally abuses me and intimidates me in front of the children. I’ve given him ample chances . He now thinks he does not need me because he’s been in the country almost 10 years.
My household costs are £2500 plus a month. Flat is in my name . Bills in my name . I pay the mortgage. My husband gives me £300 a week in the form of a cheque. I have had to borrow money to pay rest of living costs. He is a builder. We have a funny relationship. He is very secretive does not tell me where he works, what he earns... his letters some go to his sisters house. I’m not working since January 2020 . Prior to that I was a part time teacher for 2 years. What can I do? What are my options.
Hello,

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Customer: replied 7 days ago.
I was given the option to connect to a barrister which I did on family issues so please connect to the same barrister

Hello, welcome to Just Answer! My name is ***** ***** I am a London based practising barrister with over 15 years experience. I am happy to assist you today. I may need to ask you some questions in order to determine your legal position and I will provide you with an email advice on the same day. Thank you.

There will be an automatic generated phone call offer should you wish to speak to me directly for a fixed fee with no time limit.

(Please note this is NOT always an instant chat service therefore I may not be able to reply immediately. Rest assured that I am dealing with your query and will get back to you the same day. / within 24 hours if it's outside office hours.)

Customer: replied 6 days ago.
Look forward to hearing from you

I am very sorry to hear about your experiences.

Are you considering a divorce? If you are, you will need to consider how you want to split your finances and custody for the children and make court applications accordingly. However, if he is a cash earner it will be very different to establish his income / savings even if you take him to the court.

In regard to your flat, is it a rental or owned property?

Customer: replied 6 days ago.
Owned by me I pay mortgage my mum has trust deed on her name. I have two children ages 7 and 3
Customer: replied 6 days ago.
What time are you available until today please?
Do you work weekends online

I am available this afternoon and yes I do respond to questions over the weekend as well. Is that what you prefer?

Customer: replied 6 days ago.
Sometimes tricky to message with kids Whenever I get a minute I will but it doesn’t matter when we communicate
Customer: replied 6 days ago.
Did you get my message above
Customer: replied 6 days ago.
I just want to sell my flat and get out of the area and move close to my family who are based about 2 hours away
How can I get round this? I know he has matrimonial rights. He’s not registered then otherwise I would have known. My property is up for sale I ha d a customer but this is holding me up.

That's fine. It doesn't have to be an instant chat, you can respond when it suits you.

In regards ***** ***** property, legally speaking your husband will have an interest over it because you are married. It might not necessary be 50% but he has the right to stop any transactions without his consent.

Customer: replied 6 days ago.
to clarify your last message my husband has to stop any transactions without my consent?

Unfortunately, under the English law, your husband can apply to register his home rights, which would result in you not being to sell or rent out the property without his consent, until the divorce financial proceedings is finalised.

I am sorry if this is not the answer you were hoping to hear.

Customer: replied 6 days ago.
I read somewhere that I can apply to redeem his rights can you explain more on this .
Just to let you know he did not pay any deposit my number helped with that . Secondly I pay the mortgage and all bills on my name.

When the couples are married, it is irrelevant whether the property is under your sole name or you are the only person paying for bills unfortunately. His rights would only come to an end if:-

  • divorce or annulment of your marriage;
  • your death;
  • order of the court; or
  • release in writing by him if he had registered the notice.

If you are not amicable, you can consider buying him out and ask him to give up his rights.

Thank you for using Just Answer and for allowing me to assist you with your legal enquiry. Please do not hesitate to come back to me for further advice on this or any other legal matter. It will be my pleasure to be able to assist you again.

Customer: replied 5 days ago.
Hello can you please explain your two points
‘Order of the court’ and the other point you stated in more detail’ which is release in writing by him if he had registered the notice?

Good morning. Order of the court means you have to go through divorce finance proceedings and the judge makes an order about what should happen to the property.

Release in writing means you will need him to confirm in writing that he does not want to exercise his home rights after he's registered his rights with the land registry.

I hope this helps.

Customer: replied 4 days ago.
What if my husband does not or has not registered his home rights can I sell
Customer: replied 4 days ago.
I do not need his signature then?
No. But when you go through the divorce proceedings, and if he takes you to court you will have to make full ans frank disclosure of the proceeds of the sale of the family home. You could still be ordered to give him so money.
Customer: replied 4 days ago.
At this stage I may put divorce on hold . So back to my original point ,,if he does not register his home rights I can sell?
you can.
Customer: replied 4 days ago.
If my husband registers his home rights at the time when the other side requires his signature then what can I still sell ?
They won’t ask for his signature if the property is in your own name.
Customer: replied 4 days ago.
What is your full name please?
Thank you for using JustAnswer.
Customer: replied 4 days ago.
My understanding from all this was that I cannot sell if my husband lives in the same property
Customer: replied 4 days ago.
As per all your messages above?
That was not my advice. You are only not being able to sell if he registered his home rights with the land registry.
Customer: replied 4 days ago.
I understand thanks
Customer: replied 4 days ago.
Can you please tell me your full name
You are welcome. Take care.
Customer: replied 4 days ago.
I do have other questions
Customer: replied 4 days ago.
Are you able to state your full name?
Can you please answer.
What if my husband registered his home rights half way through.
You will need to start a new question as we are limited to providing one standard answer and a follow up question in each thread. Sorry.
Customer: replied 4 days ago.
The estate agent has told me the buyers solicitor will carry out searches and my husband signature is required. They do not know if he has registered his home rights or not
Customer: replied 4 days ago.
I need to address it to you what is your name please
My name is***** Thank you.
Customer: replied 4 days ago.
I have just posted a new question to you Mina
Ok I will take a look now. Please bear with me. Thank you.
Customer: replied 4 days ago.
Hello Mina Did you look because another solicitor responded and I would like to continue liasing with you.
I did but he/she probably got to it before I did. Can you ask him/her to release the question so I could respond? Thank you.
Customer: replied 4 days ago.
They haven’t yet I even said in my message it was for you I put both your first name and surname on it
I’m sorry about this. What’s the name of the person?
You can choose to opt that person out.
Customer: replied 4 days ago.
Marian c
Ok. If you’re not able to opt her out I’ll contact customer services.
Customer: replied 4 days ago.
Marian says you may have locked the questions I wrote to yourself which she says is left open for anyone to answer
Not sure what she’s on about. Just tell her to opt out and it will get released.
Customer: replied 4 days ago.
She says you have not locked the questions
Ok
Customer: replied 4 days ago.
Will ask her to opt out
Thank you. What is the first line of your question? That would help me locate you quicker
Customer: replied 4 days ago.
My estate agent has said to me....
Customer: replied 4 days ago.
Have you found me
Customer: replied 4 days ago.
Shall I type my question again here to you

I can’t find you. Yes let’s just carry on here, sorry.

Customer: replied 4 days ago.
My estate agent has told me The other side Solictor requires a signature for anyone over 18 who lives in the property hence my husband. They do not know if my husband has registered his rights or not. This is why I was confused.

I see. It’s weird as a simple land search would have revealed whether your husband has registered his rights.

It might just be something they do to ensure there are no future disputes

Customer: replied 4 days ago.
I aim to go ahead and sell my flat. It’s on the market. I will have to sell it secretly. Can my husband find out at any stage what’s going on if he has not registered?
Customer: replied 4 days ago.
If my husband registered his home rights after I have exchanged he will have to go won’t he? He cannot turn round and say I’m not leaving can he?

I see no reason why he will find out.
If he refuses to vacate the property you might have to get a court order to evict him.

Customer: replied 4 days ago.
I have been informed that if I sign a sale contract and he does not move out then I am liable for the cost of the purchaser until he does . Please explain

Yes, it's your responsibility to make sure the property is vacated. Otherwise you will be in breach of the contract.

Thank you for using Just Answer and for allowing me to assist you with your legal enquiry. Please do not hesitate to come back to me for further advice on this or any other legal matter. It will be my pleasure to be able to assist you again.

Customer: replied 4 days ago.
Mina , As it’s my responsibility to ensure property is vacated how does the court order for eviction come into place?
Customer: replied 4 days ago.
Mina Can you please advise the correct route without me being in breach of the contract?

Hi, I am sorry but this thread has really gone on for too long now. I cannot keep answering hypothetical questions, I hope you understand. As explained before, each thread is limited to one issue. If you have further question you will need to make a new request for me to provide advice Thank you.

Customer: replied 4 days ago.
Understood
Will make a new opening for your attention

Thank you. If you rate this question now I will be able to close it manually. Thank you.

Customer: replied 4 days ago.
Will your answers remain
Customer: replied 4 days ago.
I have sent a new question

Got it :)

Mina Counsel, Barrister
Category: Law
Satisfied Customers: 757
Experience: Barrister
Mina Counsel and 2 other Law Specialists are ready to help you