I am a new member of wikivorce.I don’t even know where to start.
Right now i am living seperately from my husband(married for 10 years) taking care of kid from the 6 months,renting out a small house near to where i work.I did't decided yet to go for divorce or go for legal seperation but i fed up with his gambling addiction and manipulative behaviour.I needed that head space...!!
We have a family house (where my husband currently living and he is the sole owner) but i registed my matrimony homerights long back as a precautionary measure.Now husband says ,he got an buyer and dealings were going on b/w solicitors.
He approached me with this regard,to give my consent for the sale to go ahead- he will pay off all the debts,loans(due to his addiction) which he have with the equity and will be a good person thereafter.Upon asking what about the child and my security he saying let me clear his debts first as its his top priority as he currently job less.
Welcome to Wikivorce but sorry you find yourself here.
The priority for financial settlement on divorce is needs for housing and income now and in the future. Where there is a child/children, their needs are most important.
As you have registered matrimonial home rights the property cannot be sold without your agreement. Even if it was to be sold, I would not want to agree to funds being split without a legally binding financial settlement in place. The worry us that he would blow his share then come after yours. The entire proceeds should be held by a solicitor pending financial settlement. Are any of his debts registered as charges against the property?
You should inform the estate agent of the situation.
You cannot have a legally binding financial settlement without a Decree Nisi in place. If you need help to get the ball rolling on the divorce, give the helpline a call.
As to what the settlement should be and how his debts would be treated, we would need to know a lot more about your financial circumstances to be able to provide advice.
We need to know
Length of the marriage plus cohabitation.
Children ages and arrangements for them
Market value of former marital home (FMH)
Size of FMH
Pensions type and CEV if possible
Value of other assets in sole or joint names
Debts/loans in sole or joint names and how they were accrued.
Any other factors such as health, significant inheritance etc that may affect a settlement.
The helpline can also provide advice on help with financial settlement.