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I decided to separate from my wife in November leaving my 2 kids, but only moved out after her mum threatened to have me killed. We are joint mortgage applicants, so until now ive paid half the mortgage. But with renting my own house and bills etc i have about £100 month left.
To compound my misery, in March i had a one night stand, and the girl suffered a stroke and died in my bed.
This was severely traumatising, and i was signed off by my gp, so i now only receive SSP. My wife offered no compassion, and thus increased her attempts to gain more money from me through her solicitor. Because of my fragile emotional state, i didn't want the kids seeing me like that, so had to forgo seeing them. My wife then applied to the courts to stop me seeing the kids because she feared for their safety, and now an injunction has been placed against me not allowing me within 10 metres of house kids or my wife, and no contact verbally.
So she lives in our house, with all our possessions, i have no key, and im not allowed within 10mtrs and no access to the kids.
In all the documents, she lies about me threatening her verbally and physically. Luckily in our last meeting i voice recorded secretly on my phone, which proves she is lying.
We both have solicitors, but i feel lost.
My question is... Do i have any rights at all?
I just want to move on with my life, so i can start again. What is the law regarding finances and selling the family home etc
She doesn't want to sell, but will not remortgage to pay me some equity.
I have all this to contend with whilst trying to get over the traumatic bereavement, and my sanity is suffering. She is kicking me whilst down, and i am losing the will to fight back, which is what she wants.
Can Judges really be so inconsiderate, and let her do this?
Any help is all I’m looking for, something to give me some fight.
Thanks, D
Thats terrible... you really have been through it. I cant imagine the trauma of that poor woman dying in your bed.
I think you should fight on over the allegations of violence against you, especially as you have evidence to prove its a lie. Unless the judge you had has asked for your case to continue under them, you could easily get a different judge next time, who will have a different view.
As far as the mortgage is concerned, it might help to talk to your mortgage provider and see if they can advise you. If they cant, then you can tell your wife that unless she agrees to sell, you will either take her to court to force her to sell, in which case any equity will get swallowed up by the solicitors fees, or you will stop the payments and allow the property to be repossessed. If that happens the equity in the property will be greatly reduced and she will be blacklisted as far as getting another mortgage is concerned. Perhaps you could offer her a bigger percentage of the equity from the property say a 60/40 split as an incentive. Call her bluff!
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