Legal right to the home on marital breakdown

[Wylderose]

Sorry in advance if this is lengthy.

Husband and I married in 2012.

He is a mechanic - I have no idea of his monthly income. I work for the Local Authority.

All our married life, I have paid the rent, council tax, water, TV package, gas and electricelectric and the food bills.

In 2015 I insisted he contribute to the food bills as he was willingly spending money on supporting his son and partner (both drug addicts) and I had had enough of being "convenient"

In 2016 I started to save to buy a property and started the legal purchase process in 2018. He refused to provide me with accounts for a joint mortgage, so the mortgage is in my sole name, as is the property, and LandReg.

I pay, the gas and electric, TV subscription, mortgage, mortgage overpayment, water, insurance, for me own vehicle maintenance and insurance and pay for all repairs and maintenance to the property.

In April 2018, he sold my car - a gift from him for my birthday the previous year - but for which he never transferred the V5 into my name and never gave me a penny back. In April this year he persuaded me to change my car (said he would give me the £1300 he owed me towards it) That did not happen, so I have a newer car and £8K more debt

To date his total contribution to this house to date has been to give me £300 to start the legal searches and to pay the council tax from August last year to date - about £1000, so I feel that he has paid is what he owed me for my car.

Things have blown up big time. Too many lies and internet infidelity too, I have thrown him out.

Parting comment was - "I can have half of everything you own - we are married"

So.... In light of the above does he have any right to my house?

I would appreciate your advice.

Thank you
Vanessa

[efpom]

Your husband is correct. The starting point is that, on divorce, the assets of the marriage fall to be split 50/50. That does include the matrimonial home.The final decision on what that split is to be, is a matter for the court.

Further, as you remain married, you do not enjoy the legal right to prevent your husband from occupying the matrimonial home. As you have "thrown him out", as you put it, he would be entitled to claim from you the costs of having to put another roof over his head, for the period that you have unlawfully prevented his occupation of the matrimonial home.

My strong advice, for what it's worth, is to obtain advice from a solicitor and pray that your husband has not done so, lest you be put in the position where you are compelled, by the court, to allow your husband to reoccupy the matrimonial home and you are compelled to quit the property.

[Wylderose]

Thank you Efpom. I have sought legal advice as you suggested and been advised that given the fact that his contribution to the household over the last 7 years has been so minimal out of what my solicitor estimated would be a probable £30K/annum earnings that any hold he may have on the property as the marital home would in all likelihood be drastically reduced, possibly even nilled.

She has suggested I list and prove in as much detail what I have purchased and contributed to the home as assets, plus the jointly owned assets, then refer myself to mediation to try in the first instance to sort out the property matters before proceedings are filed. She feels that his love of Thai hooker/pole dancer websites, etc would be more than sufficient cause for Unreasonable Behaviour.

She has said that he will be required to prove his finances and that should he not or even refuse to do so, that on instruction the firm could make a legal request, which if he then still refused could be enforced through the courts. Basically what she was saying is that it is in his best interests to provide his finances and come to an amicable arrangement, as I believe he is not filing accounts and if things go to court for finance proof, then they may make a referral to HMRC which could lead him into a whole world of hurt.

He is, I believe currently residing in our jointly owned caravan with central heating, hot and cold running water, gas and electricity, shower, tv, toilet etc, so is not exactly homeless and this could go some way to preventing re-occupation of my home as the caravan does have some value.

If I can get some kind of notarised clean break agreement in which he agrees to leave me and my property alone, (here's hoping), then I can start to progress and rebuild my life. She also said that if he decided to contest it, he could be looking at in the region of £5K before it even gets to court. I don't have that kind of money to throw away and I doubt if he has either, so just maybe he will be reasonable.......

[ostell]

Hint at that reference to HMRC. I presume he is self employed and as you say it could be "inconvenient". Might be a good lever

[jaguarsuk]

The thing with divorce is that feelings and usually desire for revenge get in the way of sensible thinking resulting in solicitors making good money.

It's very hard when you have been hurt by someone, but I think if you can approach it calmly you can manoeuvre him into the position you want.

If it were me I'd explain to him that lawyers are going to cost you about £5K each, yours will apply to the court to make him divulge his earnings to the court as well as produce evidence of what he claims to earn and if he's not been reporting his whole income to HMRC the court will.

I wouldn't make it sound like things could happen because he might think he'll take his chances, I'd term things as they will happen.

Then propose to him your terms and that it'll avoid throwing good money away on lawyers, plus keep anything he's not been telling HMRC between him and conscience.

[efpom]

I would simply add that by describing to the world at large what your solicitor told you, you have waived solicitor client privilege. Don't do that again!

[Wylderose]

Thank you Ostell - that was my intention as I don't think he would relish the investigation that would ensue.

Jaguar - I don't want revenge. I am extremely hurt and blaming myself for his behaviour. All I want is to be left in peace in my house to enjoy what is left of my life. Looking back on the last 7 years, I think he has had more than his fair share of my support, both emotionally and financially so being a big boy I think he needs to fend for himself and not bleed me dry

Efpom, I never even thought about it in those terms, noted and thank you

[jaguarsuk]

Thank you Ostell - that was my intention as I don't think he would relish the investigation that would ensue.

Jaguar - I don't want revenge. I am extremely hurt and blaming myself for his behaviour. All I want is to be left in peace in my house to enjoy what is left of my life. Looking back on the last 7 years, I think he has had more than his fair share of my support, both emotionally and financially so being a big boy I think he needs to fend for himself and not bleed me dry

Efpom, I never even thought about it in those terms, noted and thank you

I can understand that, good luck and hopefully he'll see sense. If you need further help you know where we all are.

[roycracia]

Thanks for sharing important information with us.