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Should I walk away with nothing?
June 11, 2022 05:25PM
So I am currently waiting for a decree nisi, my husband and his mother want me to walk away with nothing. We have been together 16 years and married for 11 years, 3 children together aged 10,12,13, my mother in law signed one of her houses over to my husband 4yrs ago as she was leaving it to him anyway when she does, she always said I wasn’t allowed to have my name on anything to do with the house. he then remortgaged it for £90k to fund an extension for us, although my name isn’t on anything to do with the house I have obviously contributed over the years, We both work full time, I earn £19,800 he earns £35,000. They are maintaining I should go with nothing, surely I’m entitled to something after 16yrs? I’m not asking for thousands, the house is worth £230,000, he has also just inherited £50k, all I want is enough to pay the first months rent on somewhere to get me started, is that unreasonable? I am divorcing him because he is alcohol dependent and I can no longer tolerate his disgusting behaviour. I’m new to all this and just don’t know what to do for the best.
Re: Should I walk away with nothing?
June 12, 2022 12:38PM
Your husband and his mother should be told to go and spin on it. What they want is not simply unreasonable. It is outrageous. This is a long marriage, there are three dependent children and your husband earns 50% more than you. Do not think about moving out and renting somewhere. If anyone is likely to have to move out in this situation it is him. I suggest you see a solicitor immediately and that he and his mother are told some home truths.
Re: Should I walk away with nothing?
June 12, 2022 01:48PM
They are saying because it was her house and paid for by her that realistically it’s nothing to do with me, which I suppose is right, but I have always worked and bought things for our children and the house, I just don’t know if I have the balls to go for it or if I’m being wrong by doing so.
Re: Should I walk away with nothing?
June 12, 2022 02:32PM
This is NOT simply your husband's property. It is the matrimonial home and there are three dependent children. Did your husband give birth to them? It is not only your husband who has contributed to the marriage and contributions are not measured only in money.
Re: Should I walk away with nothing?
June 12, 2022 07:04PM
Hi
I am going through something similar and I am the husband!!. No matter what your ex says you are entitled to at least 50% of everything regardless whose name the house or money is in. You'll probably get more as you have children (assuming the children stay with you). You have to see a solicitor and get them to immediately slap a "matrimonial home rights order" on the FMH to prevent him transferring it back to his mum or selling it behind your back. In a situation like this the kids are the priority and the courts will want to to ensure they are housed and cared for until they are 18 so staying in the FMH is the best option for you whilst he rents.
Re: Should I walk away with nothing?
June 13, 2022 10:17AM
>>You have to see a solicitor and get them to immediately slap a "matrimonial home rights order" on the FMH to prevent him transferring it back to his mum or selling it behind your back.

As a matter of interest so long as the wife in this case continues to occupy the matrimonial home she has what is known as an 'overriding interest'. That is anyone to whom the property was transferred or who advanced money on it would be taken to have notice of the wife's interest in the property and any charge or transfer would be subject to that interest. That is because her presence at the property is regarded as giving anyone warning that she may have an interest in the property. Where a Matrimonial Homes Act notice would be absolutely essential would be if the wife moved out into rented accommodation. She would then have lost her overriding interest and her interest would have to be protected by a Matrimonial Homes Act notice.

Having said that it is absolutely correct to say that there is nothing lost in registering a Matrimonial Homes Act notice in this case whether the wife continues to occupy the property or not. The attitude of the husband his mother to the wife's entitlement is such that registering a notice could well be prudent. It would also have the advantage that it would draw to the attention of the husband and his mother in a formal way that the wife has an interest in the property regardless of what they think.
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