My husband was an illegal immigrant in this country when
i married him, I already had my home in 1987, and all the
assets in it. I re-mortgaged my property and bought
another, my husband, influenced and bullied me into putting this property in his sole name. I did not get any
independant advice on this, and signed. Now my husband
is saying all the money is gone, on debts, friends , trip to india, without giving any documentry evidence. I have
a child, 7 year old, and also support my 19 year old in
in university. We have frozen 20k from the property that
he sold. Will court look at his behaviour, that his
main motivation was to get a stay in this country.
He does not pay any child maintenance, and i have always
been the higher earner in the family and my contribution
to childrens education has been solely, as he does not
have any engllish..
please comment, how will i stand finacilly, i have
equity of 75K in the family home, owned solely by me.
Due to the length of the marriage I would say all the assets available are joint marital assets and form part of the pot to be shared.
That means your house plus the one in his name.
He will eventually have to produce full documentary evidence of his assets/debts etc.
So the truth about the house in his will come out and it will be clear whether there is any money left. The court will not be happy if a valuable assets seems to have disappeared into a black hole and will order full disclosure until the trail of money from that house is clear.
If that money has been spent .... it is bad news as the court cannot get it back and you may end up having to share some (i would think small) portion of your remaining assets with him.
If the money from the house in his name is either still in the house or is still available (in a bank account or in property in india etc) then the court should be able to trace that money and it forms part of the pot.
Once all the assets have been pinned down then the court will consider how to split them.
You having care of the child will put you in a good position to get a greater than 50% share of the assets.