What are the legal rights of a woman who is married with a 4-year-old, is not on the mortgage or deeds of the family home, and is separating from her husband? | LawHive - Solicitors & Lawyers Online
What are the legal rights of a woman who is married with a 4-year-old, is not on the mortgage or deeds of the family home, and is separating from her husband?
Hoping for advice. I’m married with a 4 year old. I am not on the mortgage or deeds of our house. My husband and I are separating. I feel totally ground down with issues around put downs, arguments and alcohol. He is constantly telling me it’s his house etc and I am worried where I stand legally because I was stupid enough to not see the big deal with me being on the mortgage. A couple of questions. Ive been advised to try mediation before courts etc as it’s cheaper. But could anyone tell me if I have any rights ? I’m worried about how I can keep a roof over my sons head. Also I can’t afford on a part time wage the fees of solicitors or mediation. I’ve looked at legal aid but it doesn’t seem easy to see if I can get it and because of my husbands wage I don’t think I can. How can I find out about the most cost effect way and how I can pay the fees ?

Lisa Johnson

31st March 2022

Top Answer
NQ but going through a divorce too. Becky I’ve had a look at your previous posts and it seems this has been going on a while 😞 please contact woman’s aid or similar and they will help you with advice and what you need to do. You are absolutely entitled to a share of the property and also need to look into you staying in the home but you really do need to talk to a solicitor who you can normally get 30 minutes free. You can find other legal groups who specifically deal with child issues and courts so worth looking into that too and you will find that it’s a real common issue regarding distance and holidays etc.

Joan Handley

31st March 2022

2 upvotes

Susanna Ruiz

Admin

31st March 2022

2 upvotes

As you are married the house becomes a matrimonial asset. You are both entitled to a share but with a child under 18 its very unlikely he will be able to force a sale.

Admin

31st March 2022

3 upvotes

NQ As I understand it he will need a court order to evict you and his child and it is very unlikely he would get occupation until the child reaches 18

Robert White

31st March 2022

2 upvotes

NQ. As mentioned previously do get advice snd support, he is making empty threats over your ‘lack of entitlement’ You can immediately make a home rights application, simple and inexpensive to do. Once he knows you’ve taken advice over your rights, have support his attitude may change.

Jeanette Martinez

31st March 2022

3 upvotes

NQ but been through the same re house and mortgage issues. Best thing I ever did was register myself with the Land Registry as having a matrimonial interest in the property. I think it was free? This means that the house cannot be sold/ remortgaged/ used in any way without your knowledge. Mediation is always a good start if possible, and if/when it comes to any final financial hearings it shows you have done everything possible to sort things out. I made use of any free family law clinics that were being run at my local court. Google if there's something similar in your area, they proved invaluable to me at the start.

Ken Hall

31st March 2022

2 upvotes

NQ regardless of what he says you own half of pretty much everything. He has no say. Call woman's aid they give you advice on who to contact for help

Steve Jamison

31st March 2022

1 upvote

Solicitor ( no longer in practice). Eligibility for legal aid depends on having sufficient proof of the domestic abuse and passing a means test. The means test is based on your financial position so your husband's finances are not taken into account. There's more info here https:// rightsofwomen.or g.uk/ get-information/ family-law/ family-law-legal -aid/

Carol Lewis

31st March 2022

1 upvote

Thank you for your comments everyone. Domestic Abuse is not an avenue I would want to go down. That’s not what’s happening. So it would be mediation we would need to look at. I have registered a land registry form already so I know he can’t sell without me knowing. If he wasn’t agreeable and we had to go to court would we both by liable for our fees or could the court appoint a person to pay the other fees ?

Lisa Johnson

31st March 2022

NQ - worth checking if you have legal cover on your house or car insurance to maybe get some legal advice, good luck! 🙂

Rebecca Russell

31st March 2022

Solicitor. Firstly, to reassure you the family home will be treated as a matrimonial asset and it matters not that it is registered in his sole name, All assets are up for grabs in divorce, no matter who owns them. You have a right to remain in the family home and not to be evicted due to the marriage and Home Rights you have under the Family Law Act 1996. The HN1 protects you. Legal Aid is not available for financial matters on divorce save where there is domestic abuse (speak to a legal aid lawyer-his income does not count). Some mediation services offer mediation on legal aid. A case of Googling again I am afraid. As for divorce itself, you can do this online and, if you are on a low income, you can get a fee exemption so it will cost you nothing. If you cannot secure legal aid you may still have options available with a good solicitor, such as interim maintenance orders and/or/cost assistance orders against your husband to assist in paying your fees, and I do urge you to get advice asap on your rights and remedies regarding the home, finances and his pension and income.

Susanna Ruiz

1st April 2022

1 upvote

Try Family first solicitors. First appointment £60 no matter how long it takes, mine was nearly 2 hours. Make sure you have all your questions ready & try not to cry through the whole appointment & so waste your time & money, a bit of crying is ok too. I'm going through the same but felt that legal/free help/citizens advice etc came to a dead end. They look at what is in the marriage pot, doesnt matter who owns what. Hope you get sorted.

Paul Small

1st April 2022

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