I want a divorce but the mortgage and deeds are only in my husbands name. We have two daughters. I want to know what I`m entitled to I need to provide for my children but I don`t want to live in that house he would refuse to leave anyway it has never really been my "home"!

Cetainly if you are in the UK then whether your name is on the deeds/mortgage is not important - do seek the guidance of a solicitor as, for instance, he may raise another mortgage without your knowledge and 'hide' the funds.

In the US it may depend on what state you are at, perhaps if house was bought after you were married or before. Can you provide more info

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Originally Posted by rwn

Cetainly if you are in the UK then whether or not your name is on the deeds/mortgage is not important - do seek the guidance of a solicitor as, for instance, he may raise another mortgage without your knowledge and 'hide' the funds.

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Unless (as a new user) I am using the database wrongly, it would seem that the responses to Denise’s question have not been strongly answered. Perhaps therefore I can add to my earlier response by explaining that a Solicitor would protect you interests by initially registering your interest at the Land Registry. This will be done by way of submitting what is known as a C4 (Estate Contract) and possibly a C3 (Oral Agreement). Certainly do not delay - this move is separate to whether you later decide to proceed with divorce proceedings. Subject to your financial status you are likely to receive Legal Aid for the submissions, and no sale or raising of further sums by way of mortgage or charge can be made by your husband once the registration has taken place. This takes just a day or two. Good luck to you and your little ones.