Hey back again update is as follows xtb has now given up claim on family car as he doesn't drive and he and his new partner who he moved in with after leaving me have brought their own together. He still wants the house to be sold as he doesn't want to have to pay the mortgage for the next 8 years, House is currently worth 145,000 and has a mortgage of 115,000, he has a net income of 2,600 a month, the mortgage costs 905.00 per month, he also has a loan of 168.00 per month, he lives as i said before with new partner who works for local housing authority and has a 3 bedroomed home on a reduced rental agreement as a perk and obviously shares bills etc. I on the other hand have a part time job whilst son is at school get CB/WTC/CTC which gives me an income of 780.00 per month. I have a loan which i pay 172.00 per month and at the moment receive no CM from my xtb (CSA are on the case) now i'm fully aware that xtb pays mortgage and for that i am grateful but for me and my son to have to give up family home feels unfair, do they take into account that we have been together 19 years and married for 13?, that we have owned previously together 2 other houses which were sold with profit and put towards this home, the current FMH home is legally only his as when we brought it he was starting up his own business and put it only in his name in case (in his own words) "something goes wrong, and we lose the house we will then be able to get another in your name". If after financial side is sorted ie, any SM etc awarded would this count towards my income and maybe enable me to take over the mortgage or would an Mesher Order be required?, xtb seems to think i should move out and rent/or place myself homeless and apply for council property, What should I do?
DO NOT MOVE OUT, if you do to make yourself homeless no coucil has the obligation to re-house you, you will have made yourself homeless
Was the house bought whilst you were married, i.e. in the last 13 years, looking at the price and mortgage I amguessing it was bought fairly recently and certainly not more than about 7 years ago
If this is the case, then you are joint owners in law, it does not matter who owns the proiperty or rather who's name is on the deeds, you are both equally resonsible for it's upkeep and the mortgage payments, the liklyhood of any court denying you full access for the immediate future is very doubtful, childrens needs come first
One question does surprise me, you say your husband put the house in his name, should anything go wrong in the business, if the business has limited liability then that's a load of hogwash, if it is a partnership whether in yours and your husbands name, or he and another, then you have some responsibilty for it's demise should that be the case
What surprises me is, if it is a limited company solely owned by your husband, then it would have been more prudent to put the house in your name, therefore should he personally be liable for any of the company's debts, you would not have to sell up to pay for them
The business that he started has so far never gone anywhere, not even sure if it still exists as extb has spent the last 5 years keeping secrets and spinning lies with regards to his employment basis, business affairs etc. he has supposedly been employed by his father on a self employed basis but HMRC have no records for him since 1997, he has a water treatment patent which his father, uncle and their business have invested in but apparently nothing has come from this either. I'm waiting to see what he declares on form E with regards to his financial affairs, unfortunately having been with extb for 19 years i have been privvy to his family dealing with other family members divorces ie lying about financial circumstances/wages etc in order to cut non-member of family off with as little financial settlement as possible, which i know already is happening with regards to his employment/accounts as per continous stalling of info. requested by CSA!!
If the house is in the sole name of your husband, madam, there is one step which you need to take very quickly, if you haven't done it already. That is, you need to register ' matrimonial home rights '. This is neither difficult nor expensive.
Let me explain why. A spouse who is not an owner of the property has the right to occupy it under section 30 of the Family Law Act 1996 and not to be evicted without leave of the Court. If you register your rights, it prevents any possibility of the house being sold or mortgaged without your knowledge. It is, in my view, most important that this step should be taken without delay.
You mention homelessness. As you have dependent children, you have a potential priority need for accommodation, but it is much too early to be thinking in terms of homelessness just yet. I concur with the advice not to leave your house.
The Court's first priority is making sure your children have somewhere to live - and that, necessarily, means that their carer ( in this case you ) needs somewhere to live as well. So I think one question the Court would ask is - is it possible for you to continue to live in the marital home on a combination of your own resources, child support, spousal maintenance, and any other benefits which may be available ? In this connection I would strongly advise a benefit check from a CAB, to review your entitlement in the light of your separation.
The fact that your husband is living with his NP is a help to you, but I note he is paying the mortgage and therefore maintaining you indirectly by keeping a roof over your head. So in a way he is paying maintenance, even if it's not called that.
It may be that it is not realistic for you to keep the FMH and that renting is a more viable option. But it is too early to make decisions, you need the full facts first and to review the form E's.
There is one other thing I might mention in passing. If your husband is at risk of bankruptcy, then is there a chance that a trustee might seek to have the house sold to realise his share ? This is very much of a ' hot potato 'at the moment ( see ' Divorce in the News ' ) but it's worth bearing in mind, I think.