advice re entitlements on separating

Person_one

rumncoke wrote: »

Very complicated situation which I don't want to go into on here. Boys not yet aware of split although I am sure they suspect. Obviously their views will be the deciding factor but for stability likely that they will stay in family home with Dad. He can probably afford to buy her out & stay there. No way could she do the same & it would mean selling & them all moving.

If there are children involved I thought the courts often let the parent who does the most caregiving (and like it or not that's usually Mum) stay in the family home until they grow up and then the house is sold and proceeds split when they leave education/turn 18.

She may be able to stay in the house, without having to buy him out.

rumncoke

"If there are children involved I thought the courts often let the parent who does the most caregiving (and like it or not that's usually Mum) stay in the family home until they grow up and then the house is sold and proceeds split when they leave education/turn 18.

She may be able to stay in the house, without having to buy him out."

As I said it is complicated for reasons I dont want to go into, but I am 99.9% certain he will not be the 1 to move out. They have already agreed that they should remain as amicable as possible for the boys sake. I was just concerned about the finance aspect for her.

bertiebots

I am 99.9% certain that he should be the one to move out...she has obviously been given VERY poor advice and the sooner she sees a solicitor the better. Tell her NOT to move out of the family home. As she is the primary carer of their children she will have a far better settlement than she thinks at the moment. 50/50 splits are not the norm when children are involved.

daska

She should probably get in touch with Community Legal Advice. They will help her find a local solicitor who specialises in the correct area. If her funds are limited then she may qualify for legal aid. Even if she doesn't, she needs good advice because from what you've said it sounds as if she's lining up a whole heap of trouble for herself.

A clue as to why you think he will never leave might help in terms of the quality of advice you get!

NAR

Sounds like she has had an affair which is why her husband wants her out. He is taking parental responsibility for the kids, so it is only right that she leaves the family home. This of course does not affect her right to a reasonable split of the family finances.

euronorris

NAR wrote: »

Sounds like she has had an affair which is why her husband wants her out. He is taking parental responsibility for the kids, so it is only right that she leaves the family home. This of course does not affect her right to a reasonable split of the family finances.

Even if that is the case, I'm not sure how much 'stability' or 'parental responsibility' the father could realistically take on.

Most jobs that pay that well require a lot of work/hours.

daska

euronorris wrote: »

Even if that is the case, I'm not sure how much 'stability' or 'parental responsibility' the father could realistically take on.

Most jobs that pay that well require a lot of work/hours.

quite!

If he's always managed the money and given her a minimum amount for housekeeping it sounds as if he's very controlling and quite possibly a bully.

OP - is she going to need support standing up for herself? Should she possibly be contacting a support organisation such as WomensAid? I'm not suggesting that he beats her up but being in that kind of relationship can sap confidence when it comes to moving on.

Or is it that she will move out because she has somewhere to go?