messy

Lets see, this is oh so complicated.

Started over 2 months ago, he wants divorce, fine, i didnt want to fight, he said 50/50, great, he then went to solicitors with his dad, his dad paid off the remaining £35k of our mortgage after his wife passed away, I said i didnt want any of that many but anyway they lied and said it was a loan.

I was offered 17.5k for the house at this point, said no, we agreed to have the house valued, came in at 110k, he said he could only raise 25k, i said ok and i would have 15k equiety in the house, great, his financial backer backed out at a time when i had just had my offer accepted on a flat of my own, managed to sort that out through loans.

Now worse, he says the house is in his name, got a letter saying bought before marriage(a whole 7 months and i gave him the cash for the surveyors reports on all the houses we looked at together) that he is keeping it, he changed the locks, was informed he had to give me a key(he leaves for a 2 week holiday on friday) he texted me today to say he would not be giving me a key and that he had arranged for 2 guys to stay as house guests while he is away who would give me access to collect my belongings, and that if i harass these guys he will take away my car(which is in his name) and have it crushed.

Thats about this gist of it, any ideas would be welcome.

You need legal advice and you need to show your solicitor these letters and texts. Your ex is behaving very badly. He will find, however, that he can't always have whatever he wants, and that a court may not see things his way.

You also need to register home rights on the house with the land registry, if it's only in his name. That will stop him selling it without your consent.

It's difficult to see how this will pan out without any more information, though, particularly on the length of your marriage. Can you have a look at the Read before posting post at the top of the financial section and give us all the information requested there please?

best wishes,
Sadie

In Scotland matrimonial property is that accrued between the dates of marriage and separation. There is an argument that a property bought before marriage may be considered matrimonial property if it was intended to be the family home. Unfortunately there is a "special circumstances" counter argument to this and if you haven't already done so you need to see a solicitor to find out where you stand and what options there are.


The "Read before you post" thread doesn't apply if you are in Scotland and you don't register home rights because the house should not be sold unless you agree.

Oops - sorry! I didn't notice you were in Scotland. Thanks, Fiona, for coming in so quickly.

Sadie

My solicitor has already agreed that there is an argument for it being matrimonial property based on we viewed and chose it together as well as the fact that I paid for the surveyors report.

He is still refusing to give me a key to the proprty even though he has been told i have occupance rights at the vgery least.

Where are you staying at the moment and other than cpllecting your possessions why do you need access to the property?

sexysadie wrote:

Oops - sorry! I didn't notice you were in Scotland. Thanks, Fiona, for coming in so quickly.

Sadie

Easily done, I've done it a few times myself.