Seperation

[laerol40]

Please help. My husband left me 5 months ago. Due to the fact it was 4 months after my 2nd failed IVF treatment I did not cope very well and had a break down. I have had to relocate back to be with my parents and he is living in our house.

I have mentioned to him about me getting a solicitor but he says this is not a good idea as he knows I have savings and he would be entitled to half.

I do have savings which are from inheritance, my parents and my saving every month for the last 10 years. He has not contributed a penny towards them and has no savings himself.

Would he legally be entitled to half?

[woofgang]

not an easy question to answer. I think you need to get professional advice on this BUT It does sound to me like an attempt to maybe keep the house which might be worth more than your savings....get advice!

[BestAdvice]

Go to a solicitor now!!!! Under the Matrimonial Homes Act 1988 you can claim the entire house. He can be kept away by taking out an injunction preventing him coming within 100 to 500 yards and not to contact you. Take out divorce proceedings immediately and ask the Court to award you the house. He is not automatically entitled to half. Your savings do not come into the equation...he is bluffing
Good luck!

[hc4361]

As there are no children it is far more likely that a court will order a sale and division of the equity in the house so each can make a fresh start.

This is assuming the house is not rented.

As the relevant legal advice is different for England, Scotland and Wales it is imperative you see a solicitor.

[hc4361]

BestAdvice - I haven't hear of the Matrimonial Homes Act 1988 - can you provide a link?

[Prudie]

I would definitely go to a solicitor to get clarification. I don't see how you can get an injunction against him unless he's threatened or actually hurt you. It's also not true that your savings don't come into the equation, they certainly might even if they are from an inheritance. It's not clear cut so get advice.

[Barmaid]

BestAdvice, that's the worst advice I have heard. We simply do not know enough about the OP's situation - many factors come into play. She needs to see a family law specialist solicitor or barrister asap.

[Buenchico]

I see that BestAdvice is a new member here. Perhaps he/she might like to check their facts before posting?

There was never a Matrimonial Homes Act 1988, so I assume that he/she is referring to the Matrimonial Homes Act 1983. However citing the provisions of that Act is entirely pointless anyway, as it was repealed by Section 66 of the Family Law Act 1996.

At least the first sentence of BestAdvice's post gets it right: "Go to a solicitor now". As Barmaid (who is a barrister practising in the field of family law, as well as being a much-respected member of this site) points out, there are too many 'unknowns' in the question for a meaningful answer to be provided here.

[Peter Pedant]

best advice - Barmaid has given the best advice as ever

Matrimonial homes Act of whatever year ( 1967 ) was repealed in 1983 and now is replaced by the Family Law Act 1996 - I thought ss 30 onward

I think you are getting free advice here on AB - at a price !
which is some is wrong
Barmaid truths and the rest of us dont

first of all stop taking advice from your hubby - the advice from 'the other side' not to get a solicitor stinks quite honestly
second stop posting here for free advice and get a solicitor on the job

you have learnt that advice in the law section of AB is of uneven quality
besides Barmaid of course

[EDDIE51]

In this situation your husband telling you not to get a solicitor is a bit like a criminal asking you not to report him to the police !!!
Get a solicitor !

[Bumblebee1612]

I am sorry to hear about the difficult time you have been having.
The IVF treatment would have been bad enough, but the breakdown of your marriage and having to move back in with your parents are huge emotional events as well. No wonder your health has suffered as a result.

Have you received counselling? You need to concentrate on getting yourself better in order that you can cope better with what life has thrown at you.

You will get through this, and you will be a stronger person because of it.

When you feel up to it, arrange to see a family law specialist, as per others' advice. Do you have a friend who could be present with you, to give you moral support?

Good luck.