separation advice needed

tishunt

My husband of 19yrs has told me wants to separate. We have 2 children 15 & 16 both still in education. We are joint on the mortgage and council tax but all other utilities are just in my name. We are in debt and mortgage arrears of 1 month. We have a joint account where all wages, child benefits are paid into and bills are paid from this account.
He wants to move out but realises he can't afford to, so.wants to sell.
what do I need to do financially?

Caz3121

tishunt wrote: »

what do I need to do financially?

in what respect? opening your own bank account? getting mortgage to buy him out?

tishunt

He is going to be staying in the house - spare room. Do we separate bills now? the utilities are just in my name does that mean he won't be liable to pay them? Should we close the joint bank account? If he was to leave what can I claim ?
Any advice really I would be grateful - there is no going back he wants to leave
Thank you

duchy

Depending on what you both earn you might actually be better off financially seperating now if you qualify for working tax credit and single parent child tax credit .

A visit to CAB to examine your options might be useful

Marisco

tishunt wrote: »

He is going to be staying in the house - spare room. Do we separate bills now? the utilities are just in my name does that mean he won't be liable to pay them? Should we close the joint bank account? If he was to leave what can I claim ?
Any advice really I would be grateful - there is no going back he wants to leave
Thank you

If the utilities are in your name only then you are liable for them, as will any debts in your sole name.

Yes, it might be a good idea to close the joint account, if nothing else it will give you an idea of what you can afford to pay for from your own account. When he leaves can you afford to pay the mortgage on your own? And possibly buy him out as well?

He'll be liable to pay maintenance for the kids, amount is dependant on his income, but although his name is on the mortgage, I wouldn't bank on him paying his share when he moves out, especially if he's paying CSA as well.

As for what you can claim, (apart from CSA) I've no idea, but someone will be along who does.

Guest101

Well there's a number of things to consider:
1: Currently you cannot ask him to leave. So you may as well sit down with your kids together, and explain the situation.
2: Whilst bills are in your name, and you remain liable for them, it would make more sense to discuss this with him, not us, and come to an arrangement
3: The Child maintenance payments are income dependant, but presumebly since he cant afford his own place, it will be basic rate (roughly 15% Gross) - but you cannot claim whilst he lives there
4: You may be entitled to certain benefits, but whilst he's living there you wont get this, but obviously he should pay his own way.
5: whilst he's living there, he wont be liable for child maintenance, so he should instead be looking at paying 50% of the food, utilities etc.
6: Selling up may be the best way forward for a clean break. You only have at most 3 years in the property if you hold out.

19lottie82

tishunt wrote: »

He wants to move out but realises he can't afford to, so.wants to sell.

Are you in a position to buy him out?

If the kids will be staying with you, he can't force you to sell, if you don't want to, until they have left FT education.

tishunt

Thank you all for your advice. We have meeting booked with relate but he confirmed tonight that he is looking to move out.
When he does move out can I change to the locks?

tishunt

Also, forgot to add that o can't afford to buy him out. And he has already told me he expects 50% of everything - including the children.

Beckyy

If it's a jointly owned property he has just as much right to be there as you, and could force entry without breaking the law if you did change the locks.

Do you work and are you able to afford to move yourself if you sold up and split everything equally? At 15 and 16 I would say your children are old enough to decide themselves who they want to stay with.

tishunt

Beckky thank you for your advice.
I would feel really uncomfortable knowing that he can access the property whenever he chooses. He has said he can't stand the sight of me and even walks out of a room when I walk in. When I get home he goes out - very distressing for the children and it is upsetting them -not good given the eldest starts exams next week.
If we sold up there would be very little money as there are debts and not a lot of equity in the house. I can't afford to buy him out.
I would need to rent as there is no feasibility of getting a mortgage.
I work part time purely for the sake of the children given they need to be taken to/from school as there are no busses and too far from home to walk/bike ride.