I am considering divorcing my husband due to emotional abuse over the last few years and I can no longer tolerate it.
Where do I stand in terms of having a roof over my head? The facts are;
• Have a marital home which is solely in his name (as he bought it a yr before we got married)
• Has 3 other flats in his name that are rented out
• I had a house and a pre nup was signed that if we ever split his was his and mine was mine (which was fine).
• Since we got married he forced me to sell my house. He has used the money to renovate the marital home
• He has said he got me to sell my house as compensation and therefore I can call it ‘our home’ but on paper it isn’t as my name isn’t on the deeds nor does he intend to put it on them.
• Even if he was to give me back the £250k I’d made from the sale it won’t be enough to buy even a 2 bed place (I had a 3 bed semi house). I live in London.
• The value of the marital home has rocketed after the renovations so my money has made a contribution to the overall value of the house.
Where do I stand if I was to fight this? I don’t want the martial home, I didn’t marry him for money but he’s screwed me for everything I had. I would be happy with a 2 bed flat which is downsizing from the 3 bed semi I would have been able to move into if I still owned my house.
I also now have a 4yr old son that will start school in Sept.
You can register matrimonial home rights which would prevent him from selling or remortgaging the property until you have a legally binding financial settlement. You can only get this when you have a decree nisi in place. It is free to register and you don't need his approval; you just need to inform him using the correct notice and get it registered by the land registry.
As you have a child, the need to provide a suitable home for him is a priority.
You will need to look at all the assets you have between you and assess how much is required to meet your needs and those of your son. The agreement you have will not trump your respective need for housing which for each of you will be a two bed place.
We can advise more effectively if you are able to share some details:
Incomes including any benefits
Length of the marriage plus any cohabitation
Children - ages and proposed arrangements
Market value of the former marital home
Size of former marital home
Pensions - CEVs and type
Value of other assets in sole and joint names
Loans/debts in sole or joint names.
How was the pre nup drawn up? Did you take independent legal advice on it?
Incomes including any benefits. Me 50k. Him 72k salary plus other income from Rent and possibly additional 30k coming from his company (licencing courses) This is relatively new company.
Length of the marriage plus any cohabitation Coming up to 7yrs
Children - ages and proposed arrangements - 4yr old and primary would be me
Market value of the marital home. Marital home value is at least 1.5
Outstanding mortgage - mortgage free
Size of marital home - 6 bed townhouse
Pensions - Not much but would need to find out
Value of other assets in sole and joint names - he has 3 flats (500k each). Nothing in joint names and i no longer have my asset.
Loans/debts in sole or joint names. Debt free.
How was the pre nup drawn up? Did you take independent legal advice on it? I did although it was really him drafting it. What was his was his and what was mine was mine. Not taking into consideration for kids. I've had a solicitor look at it and its not that strong in terms of review periods.