Just been to our third mediation session, when ex produced a deed of trust that he signed the house over to his parents 2 weeks before our wedding, 3 years ago.

As he doesn't legally own the house, I have no claim on it whatsoever. Not only do me and the kids (aged 17 months and 5 months) have to move out, but ex is disputing repaying me the £6000 I paid for the new kitchen. My solicitor said that if ex refuses to pay, if I get legal aid we can pursue a claim, however if I don't qualify for legal aid it's not worth pursuing.

I can't belive this. 2 weeks before our wedding he does this in case we get divorced.

We've been married 3 years, have two kisd together, and despite the fact I've paid £6000 for home improvements, £300 per month towards the mortgage, and we have spent £10k of my savings over the last 18 months, I get nothing.

I knew my in laws were bastards but even I could never have imagined this.

To top it all off, he's refusing to pay more than the CSA 20% maintenance, and because we were only married for 3 years, I don't qualify for spousal maintenance.

How can he do this to me and his children - when he's the one who cheated? I would have had more rights if we didn't get married.

I think this might just be the last straw for me.

hi triggerbump, sorry to hear your story, i thought mine was bad but to leave you with little children and to make you homeless its disgusting, i dont know how he has the nerve to do this, it doesnt matter how long you were married you have small children who need a home, food and clothes, i hope someone on wiki can advise you, take care, dave

Hi Trig,
Oh my goodness, how pre-meditated can someone be?
It just makes you wonder why, you must feel devasted. How can his family sit back and watch this all go on, their grandchildren, it is shocking.
So you have no rights at all, not even matrimonial rights on the house...where will you go?
I hope there is someone on here that can advise you more on this as it sounds all too bizzare!!
My thoughts are with you, you take care.
zara

Oh dear Triggerbump

((((hug))))

What an awful man.

Are you sure you have no claim on it? Not through ancillary relief necessarily but via some sort of property law?

Surely it would be possible to register an interest in the property if you have been paying the mortgage and for home improvements etc?

Also if you are taking a property law case and have a legal expenses element to your house insurance, this may cover the legal bills? Worth investigating? You would need a solicitor who specialises in property, not family law. Could you find one to have a free half hour with? One of the Mikes is retired property lawyer - hopefully he will spot your post and have some thoughts.

I am not sure if his actions would be counted as disposing of assets in a court ... but that is certainly how it looks to me.

I would certainly not go anywhere if I were you ... not for now.

It would be worth investigating your options with the local authority as on the face of it, if you really did have to leave, you would not be intentionally homeless as you have no choice. Also I am not sure SM is necessarily out of the window. I am sure there have been big money cases where SM has been paid after a short-ish marriage. Sounds to me like you seriously need a second opinion on the ancillary relief side of it all. Have you spoken to the wiki lawyers??

xxx
Hadenoughnow

Hi Triggerbump,

First - spousal maintenance won't necessarily depend on the length of marriage. By the way, cohabitation before the wedding counts towards the length of marriage.

Second - He has a deed of trust that you say signs the house over into his parents' names? This sounds as if it were something witnessed by a solicitor but kept in a drawer until it was necessary. If so it is not the fait accompli he or you think it is. You need a copy of it and so would Her Majesty's Customs and Excise if they haven't seen it. Too many possibilities to speculate about but he may just have been a bit too clever for his own good.

Thirdly - irrespective of whose house it is legally it is your home. Matrimonial Home Rights apply under Sec 30(1) of the Family Law Act 1996. Unless you signed a written waiver of your rights to your in-laws I would say you cannot be legally shifted, but be prepared to be severely intimidated.

If you can possibly stand it and can muster the resolve, do not move out of the house. From the moment you are asked to leave you are in adverse occupation. True, you'll have to wait 12 years (I think), but then the house is yours.

Triggerbump, you need a copy of the Deed and a good property lawyer, but do not despair!

((((((((((Triggerbump))))))))))

YA

My solicitor has a copy of the deed. He offered me one but I said it would just get burned so there's no point!

Do you think I should speak to him about seeing a property lawyer. He seemed to think that the whole thing was pretty cut and dry and that as ex has no home, I have no claim and the matrimonial home rights are null and void, and therefore me and the kids have to go.

Triggerbump,
Please dont give up. YA has given some hope to you. Please get a copy of the deed. You have got to try and muster up some energy to at least persue your home for you and the children.
Please dont give up.
zara