Re: where do i stand

Posted by: ELIZABETH
23/02/08 at 12:20 am

Hello Jo,

As far as my experience goes, if you decide to divorce (the only reason your question would come into play) if you can agree between you that that was the state of play prior to the marriage then you would retain the house.  However, if your husband decides to contest any financial issues then it can only go one way - court.  The court will then ask for "full financial disclosure" in the format of a Form E.  All financial assets brought within the marriage will be taken into consideration - despite who's name they are in "single name, joint name or otherwise.

Having just gone through this process as recently as 2007/08 I would not recommend going to a final hearing.  It is lenghty and costly and nobody really "wins" except solicitors and barristers.  The more paperwork you have the more your legal bills will be.  You will find that you will receive very little legal advice - all your money will be taken up with photocopying/phone calls/letters/e-mails. 

 

If you want a a divorce try and negotiate with your husband - this was an asset accrued prior to the marriage - it should remain with you, but when love goes out the window, money becomes a real issue! You haven;t said if you have children, if you have and they live with you you will have a bit more sway on your side.

 

I wish you luck.  If you are not thinking about divorce - all wel and good - if it's not that bad - stick with it!!

 

Re: where do i stand

Posted by: ELIZABETH
23/02/08 at 12:24 am

P.S. from Elizabeth, sorry I re-read your question and see you have 2 children.  If they live with you and stay with you then the court will consider the needs of the children as a priority.  I would still urge you to try and communicate with your husband - what has brought it to this stage?

 

I would REALLY appreciate some response - this is my 3rd response to other questions and it just seems to be ignored!

Re: where do i stand

Posted by: UK Property Buyer
25/02/08 at 6:58 pm

Hi Jo,

I read your post and empathise deeply with your situation.

Your husband's repeatedly threatening to leave is a sign that something needs fixing in your lives together.   Knowing what that is is sometimes really obvious and you are able to fix it and move on.  You put it all behind you and in time the memory of the current trouble disapears forever.  Everything in the garden becomes rosy again.

Sometimes, though, the cause of the 'trouble' can be so abstrusse that you connot put your finger on it to define it or to deal with it.  It is absolutely frustrating to think that if there is a solution then it is beyond you - out of reach of the resources of your personality so to speak.  There is only so much of this that anyone can take.  In time, something's got to 'give'.

It would be a triumph for each of you as individuals - and as a married couple - if you were able to repair the situation between your two selves and move on, keeping an eye out for ANYTHING that might come in upon your marriage to undermine it in the future. That should be  your ' Plan A '.

If that doesn't work ?

' Plan B '

Plan B could be a solution where EVERYONE'S interests are thought about - the babies, the wife AND the husband.

Perhaps the house could be sold and rented back so that you, Jo, and the babies could continue to live there.  The proceeds could be split UNEVENLY, but in a way that reflects the facts that it was YOUR parents home that YOU inherited, and that you actually became the sole legal owner of the property before the wedding day and that you enjoyed the property later as a matrimonial home and that your husband has at least 'some' entitlement in law or in equity due to the fact that he also has enjoyed living in the property as a matrimonial home.

I am in a position to buy your property, rent it back to you and because you have some emotional attachment to it because of it's having been your parents' home I would even be willing to SELL it back to you at some future date.   It would be a ' Plan B ' solution which would resolve all the issues for everyone - it would 'tick all the boxes'.

Call me if you would like to discuss what I'm proposing.  My name is Francis and my phone numbers are 07791 727 190 / 0141 882 9339.

You can also contact me via my website;

http://saleexpress.co.uk/divorce-separation.htm

Whatever happens, happens.   And I hope that whatever the two of you decide to do turns out to be for the best - for ALL of you.  I mean that !