wot do i do

Lady_S

Unfortunately AC it isn't a case of he has done things so he has to pay. Its a case that if the relationship has broken down then things need to be sorted.

Whilst at first staying put might seem like the ideal solution you have to consider what is more stressful for them. A house where mum can barely afford to keep a house over our heads so is stressed to the hilt about money, or a house which we are all happy in?

coolio_2

Al_Mac wrote:

I think you'll find you stay put Your OH can't make you move out or sell

Yes they can, its called a divorce where you split assets

Lady_S

It does in many cases, but if the house is considered to be bigger than needs then they will force to sell.

Divorce and seperation are not cut and dried.

boltonangel

Lady_S wrote:

your OH can't make you leave, but he willnot have to cover the cost of the morgage.

if this is a joint mtge (sounds like it is), then he IS jointly responsible for the repayments.

Fran

I'm going to bore you...... go to CAB and they will advise on all this stuff, separation and relationship breakdown is something they deal with a lot.

The trouble with getting a council house when you urgently need one is you get the crappiest ones in the worst areas, it's not as simple as "go and get a council house", also depending on the area you might have to wait and go into temporary accommodation.

I think that you should be able to stay in the house until kids are older, CAB can advise, also you could phone Shelter who would be able to give you up to date info on housing in your area.

GOOD LUCK!

Just thinking you also ought to put your name down for any Housing Associations in your area, in my experience they are often nicer and better landlords than councils. You could do this anyway, different HA's have different rules. Shelter would be the best bet for finding out about your local area though and can point you what to do about keeping the house. If your CAB has a housing specialist though that would be useful too.

(I know... trotting out the same old stuff....:D )

Edinburghlass_2

It would be worth seeing an IFA about funding your present mortgage and/or re-mortgaging and let them work out what you can afford rather than going to your mortgage company at the moment.

Hang in there ac x

loftus

If you are the parent with care, in the vast majority of cases, you will keep the house. Exceptions are normally if it is considered that the house if far bigger than what you need and there would enough equity to fund the purchase of another. Doesn't sound like it in your case.
If it goes to court to decide, then your husband will probably be awarded a mesher i.e a percentage of the equity when the property is sold. There will be triggers for the mesher, normally the children finishing full-time education (classed as 6th form level), your re-marriage or cohabitation.
If you can not afford to take on the mortgage yourself then your husband may have to stay on the mortgage - but then this will impact his ability to buy another home for himself.
He will have to pay a percentage of his net salary in child mainenance - 15% for one child, 20% for two, 25% for three. Depending on your age and circumstances spousal maintenance may also be ordered.
Are the debts solely yours? If not they would be deducted from the value of the equity before it is divided.
Are you working? Full-time or part-time? If not or part-time are you able to increase your hours in the future? It may be worth asking the mortgage lender if you can go inetrest only for a while to give you a little breathing space. Explain the situation to them - they are not unsympathetic.
Also - once he has moved out - if he is planning to - remember to get your single persons council tax discount and to inform the tax credit people so that they can be adjusted. You may be surprised at how much you can receive (until they decide they got it wrong and claim it all back!).
Try and sort out as much between yourselves as possible and keep it away from court - even on legal aid it will cost you eventually.

Finally your husband will need to be able to live too, will need somewhere where suitable he can have the children for overnight stays. You may be splitting up but the children still have two parents.

I hope this helps. Take care.

victory

Mizz_Pink wrote:

Someone i know who had recently got divorced was awarded 60% of the assets, i.e the house,because she kept the children. Could you afford the payments if you used your divorce payout to pay some off the mortgage ?

That is what happened to my sister in law, as she kept the kids, my brother took a less share and sold up, she then was able to put down more on a house than he was. xx

loftus

Depending on the circumstances 60-70% of the equity is quite common - sometimes even more. Things like pension values will play a big part as they are often traded off for house equity rather than shared or split.

Lady_S

boltonangel wrote:

if this is a joint mtge (sounds like it is), then he IS jointly responsible for the repayments.

Not the case once the seperation is completed though.