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AttySince1978
AttySince1978, Lawyer
Category: Family Law
Satisfied Customers: 931
Experience:  Family Law for over 20 years, which included acting as settlement Judge in the Family Law Courts.
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I have been married for 5 months now and i want a divorce,

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I have been married for 5 months now and i want a divorce, i was told that i have to get a legal separation. My husband is refusing to be amicable and buy me out of the house or allow me to buy him out of the house. He said let the courts decide for him. I want to avoid the courts as much as possible. what should i do now to move things on because i want to move out the house as soon as possible but i want what ive put in the house so i can go. Can you advise me on what to do and whe route to go down please?
Submitted: 5 years ago.
Category: Family Law
Expert:  AttySince1978 replied 5 years ago.
Before I can answer your question I need additional information.
1. What has caused the breakdown?
2. How is title held in house and how much did year spouse put into the purchase? Has house gone up or down in value and how much?
3. Is he abusive to you and do either him or you have a place to go?
4. Did he commit a fraud on you to get married?
Customer: replied 5 years ago.

He admitted to me that he didnt want to get married in the first place and that he made a mistake. He told me after asking him if he loves me, he said no, since then he has been closed within himself and as much as ive begged him to talk to me so we can work things out, he dont ever want to talk. I told him that im leaving and he said ok, move on. Because we are memebers of the church, he got advice telling him that he shouldnt let me go and that he must tell me that he loves me. Yesterday he decided to say he loves me and wants me to stay and if i dont stay he aint giving me anything of his choice, he would rather go to court. He is very young minded and immature and is scared to be on his own.

 

My husband is the owner of the marital. His parents advised him to buy it on his own, then later on put my name on the house. I agreed at the time so he bought the house with his uncle. Him and his uncle is on the mortgage deeds and just his name on the house deeds. i payed half of the solicitors fees and we both bought everything in the house together, we split every cost between us. Im currently a fulltime student and he pays the mortgage and bills. In terms of value of the house now 5 months on, i really dont know.

 

I have no where to go but i have been looking at flats to move out before i lose my mind. He is not abusive to me whatsoeve and i think he has the option of moving in with his sister or back to his parents, im not entirely sure.

 

He did not commit any fraud on me to get married at all. However he admits he didint want to get married but felt pressured because of the family and church values.

Expert:  AttySince1978 replied 5 years ago.
First of all, I believe that you are entitled to have your marriage annulled. He married you without loving you and those are grounds to nullify the marriage. If an annulment were granted than you can legally tell people you were never married in the first place. Your husband is mentally abusive to you. You should no longer remain in the house. If you don't have the money to move out that your husband or family should give it to you. Since he put your name on the house and purchased many of the assets etc. you are entitled to a portion of the house and 1/2 of the other assets. You should not worry about the house right now, but do not take your name off title whatever happens unless you are bought out by him and advised by an attorney. If you do not have the money to move out than either your husband gives you the money to move out or he moves out. A Court will make your husband give you money to finance your annulment if you decide to take that route which I highly recommend. Good luck.
Customer: replied 5 years ago.
He has not yet put my name on the house, its all still in his name still. The plan was that after 5-6 months of marriage then he was going to put my name on the mortgage papers. as its 5 months into the marriage that still hasn't been done yet so im not on any papers, all ive done was pay out half of solicitors fees and paid for half of all our assets. I dont care about the house because of that reason, i just want what ive put in so i can set up my life without losing everything ive put in. Should i proceed with an annulment?
Expert:  AttySince1978 replied 5 years ago.
Yes, you most certainly proceed with the annulment. You are entitled to annul your marriage based upon the facts as you told me. You should not remain with him and suffer the rest of your life. You will always regret it if you do not file the annulment papers. Also, I would appreciate an acceptance since I normally charge $450 per hour and I will only receive $7.50 for this consultation. You are receiving a great value and I plan to donate part of the proceeds to charity. Thank you.
AttySince1978, Lawyer
Category: Family Law
Satisfied Customers: 931
Experience: Family Law for over 20 years, which included acting as settlement Judge in the Family Law Courts.
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