Advice please

xylophone

Why should you move out - the house is your and your children's home!

In your position I would stay put until legal advice had been received.

Tommo1980

I would echo that, get expert legal advice as soon as you can. You may well be entitled to significantly more than 50% of the equity.

Tom

Alice_Holt

These may be worth reading for background info on relationship breakdown and housing rights:
https://www.citizensadvice.org.uk/relationships/relationship-problems/ending-a-marriage/

https://www.citizensadvice.org.uk/relationships/relationship-problems/relationship-breakdown-and-housing/if-you-re-married-or-in-a-civil-partnership-relationship-breakdown-and-housing/if-you-re-married-or-in-a-civil-partnership-and-you-own-your-home-relationship-breakdown-and-housing/

http://england.shelter.org.uk/__data/assets/pdf_file/0020/23393/ShelterGuide_RelationshipBreakdown.pdf

Sorry the links are so long.

Good Luck.

Alice_Holt

In a relationship breakdown situation, joint owners:
- both have a right to stay in the family home
- both have the right to return if you move out
- cannot make the other person leave or change the locks
- cannot sell the property without the consent and signature of the other
- cannot raise a mortgage or loan against the home without the consent and signature of the other.
(Source: CAB adviceguide)


You may need legal advice when sorting out rights to the family home in a relationship breakdown situation. Legal aid isn't available for most private family law cases such as divorce, or disputes about finances and property, although the rules are different for victims of domestic violence or abuse. If you do need legal help but can't afford it, a pro bono service may be able to provide free advice and assistance.

Legal aid is available for family mediation and in many cases you must consider mediation before going to court. You can find more information on family mediation on the Advicenow website.

You can find a solicitor in your area using the Law Society website.

Could Family Mediation help you sort out arrangements after you have split up? – Advicenow at https://www.advicenow.org.uk
Find a solicitor - Law Society at https://www.lawsociety.org.uk
More about help with legal costs - free or affordable help - https://www.citizensadvice.org.uk/law-and-rights/legal-system/taking-legal-action/help-with-legal-costs-free-or-affordable-help/
(Source: CAB adviceguide)


Some guides on the Advicenow website which are relevant:
http://www.advicenow.org.uk/guides/survival-guide-using-family-mediation-after-break

http://www.advicenow.org.uk/guides/survival-guide-divorce-or-dissolution-civil-partnership

http://www.advicenow.org.uk/guides/survival-guide-sorting-out-your-finances-when-you-get-divorced

Hope this is of use.

LCBS9898

Thanks everyone I know I've been told numerous times I should stay in the house but i don't think my salary plus benefits would cover the household bills the mortgage is £1200 a month alone council tax £250 etc my husband is very vindictive and everyone has warned me if I leave he will do a runner as he's only ever said he holds down the job purely to keep me and the kids he has no interest in the children now which is one of the contributing factors to the marriage breakdown I had a good job before ha dr he family and contributed 50% to our household and only since leaving to go part time to look after the family have I had no money and I want to go back full time to pursue my career once both the children start school so I'm confident I will be financially capable of taking care of us alone without benefits it's just getting there I need the help with to tide me over the next 2 years . I'm thinking he's trying to do me over with the equity too as I've just looked at our mortgage statement and it says we owe £219k the house is valued at £330k but he said we will need a quick sale so be lucky to get £280k so once fees are paid etc and debts paid we will only get £25k each o don't think those sums add up we only have just short of 10k on a car loan

xylophone

Once again, see a solicitor.

Loz01

Don't let him tell you he won't pay maintenance - they're half his children and he has a responsibility to both of them until they are 18.

Get a solicitor and make sure you claim the relevant benefits, you need to keep your head above water.

Stay in the house for now, thats your right, you have two small children to think about and its their home as well. Don't let him panic you by threatening that he is going to go off travelling the world blah blah. Ignore him, you're clearly better off not being married to someone like that anyway.

densol_2

If he "decides" he is giving up his job to go travelling and not pay support, a Judge will almost certainly award you ALL the equity. They will not appreciate him abandoning his responsibilties.

See a solicitor straightaway. They may advise registering a caution on the property. Dont move out. He will wreck his credit rating if he fails to pay the mortgage - so he will almost certainly continue to pay.

Dont be bullied into a quick sale either ! He is going to be shocked at the rights you have as the parent with care

All the best

kingfisherblue

My ex tried to bully me as well, but he didn't realise that I wasn't going to give in without a fight. His lies were proven to be lies in court (such as him saying that I wasn't entitled to any of the house as I stayed at home to care for our disabled son and other two children, so he paid the mortgage). I sought the advice of a solicitor early on, and chose someone from the Yellow Pages who specialised in family law. I didn't know anyone who could recommend a solicitor, and we had previously only used one for conveyancing.

Please, do as others say. Don't move out. You and your children have the right to stay in the marital home. Do see a solicitor, and choose carefully (on someone's recommendation if possible). Things may change in the future, and you might move to a new home with your children, but that is for the future and only once you have sought legal advice. Do what is best for your kids long term, not what your bullying soon-to-be-ex tries to make you do. It's hard, but be strong.