removed

Solenoid

I sorted this out. So removing it

elsien

You can’t make him go. He has as much right to be there as you do.

In the event of a divorce for a married couple, any financial split would look at all assets, not just the house. Savings, pensions, property, any other assets of value, yours and his. A starting point is 50-50, but that can vary according to individual circumstances. It may be that you need to sell, and each of you buy/rent a smaller property with your equity. 
What would the plan be for the children, given that at the moment he would seem to be the primary care of her at least one of them. 

Keep_pedalling

You need to see a family solicitor. If you can’t come up with an amicable settlement it will be down to a court to decide. 

born_again

Solenoid said:

This is not just a divorce thread by the way. Ibam getting domestic violence and he throws things at me, kicks me etc I just want to be out. Life is short! He ones grabbed me from my waist lift me up and throw me out of house with no shoes, no money!!! What would you do?

In a word. When it happens call the police.

elsien

Call the police. Get it logged. 

Contact Women’s Aid or similar. 

You are unlikely to get a social housing property when you’re a home owner.
 Make a list of all the assets yours and his, and see if it’s feasible to come to an arrangement for buying him out. 

Although you are paying the mortgage now, you need to consider whether you will be accepted for a bigger mortgage if you need to for him to have his share of the equity.

sheramber

Solenoid said:

elsien said:

You can’t make him go. He has as much right to be there as you do.

In the event of a divorce for a married couple, any financial split would look at all assets, not just the house. Savings, pensions, property, any other assets of value, yours and his. A starting point is 50-50, but that can vary according to individual circumstances. It may be that you need to sell, and each of you buy/rent a smaller property with your equity. 
What would the plan be for the children, given that at the moment he would seem to be the primary care of her at least one of them. 

Thank you for both of your replies. He gets paid for the caring but I do most of the caring for our disabled child. I do all the cleaning, washing cooking etc in the house. He is overweight. Always complains he cant do anything. I was trying to get an initial views before I seek legal advice. Thanks

I do all the cleaning, washing cooking etc in the house. 

I don't think that will be relevant in a divorce settlement unless you reach an amicable agreement over the assets.

If you are pursuing  a divorce do you have a divorce lawyer? They are the person to advise you on your rights.

Pollycat

sheramber said:

Solenoid said:

elsien said:

You can’t make him go. He has as much right to be there as you do.

In the event of a divorce for a married couple, any financial split would look at all assets, not just the house. Savings, pensions, property, any other assets of value, yours and his. A starting point is 50-50, but that can vary according to individual circumstances. It may be that you need to sell, and each of you buy/rent a smaller property with your equity. 
What would the plan be for the children, given that at the moment he would seem to be the primary care of her at least one of them. 

Thank you for both of your replies. He gets paid for the caring but I do most of the caring for our disabled child. I do all the cleaning, washing cooking etc in the house. He is overweight. Always complains he cant do anything. I was trying to get an initial views before I seek legal advice. Thanks

I do all the cleaning, washing cooking etc in the house. 

I don't think that will be relevant in a divorce settlement unless you reach an amicable agreement over the assets.

If you are pursuing  a divorce do you have a divorce lawyer? They are the person to advise you on your rights.

It's no surprise that he doesn't want the OP to leave - she works full time and does housework too, even though he is unemployed.

Re the domestic violence:

elsien said:

Call the police. Get it logged. 

Contact Women’s Aid or similar. 

Do this ^^^^.
Don't allow your children to see you being abused and doing nothing about it.

Marvel1

Solenoid said:

This is not just a divorce thread by the way. Ibam getting domestic violence and he throws things at me, kicks me etc I just want to be out. Life is short! He ones grabbed me from my waist lift me up and throw me out of house with no shoes, no money!!! What would you do?

Think it's best to edit your first post and include this as the advice from your first post changes a lot to this one.

T.T.D

I think your best best is to contact woman’s aid for both your divorce and DV issues.

With their support, you can get a occupancy order in the local court, you can also apply for a non molestation order too that could come into effect once he leaves. 

The occupancy order may give him a set amount time in which to vacate. If he fails to do so, you can apply for a application notice back to court for enforcement of the order and things get serious for him he could end up arrested. 

You would need to separate DV he did against you,  your children under 18 are entitled and try to maintain father and child relationship as best you can you shouldn’t stop them or use alienation behaviours against him with the children to sour their relationship to favour you as to remove him entirely from your lives, your going to need to muster strength to ring fence any I’ll feelings and animosity and hatred you have for him and follow the family court process (woman’s aid will guide you).

Pollycat

Marvel1 said:

Solenoid said:

This is not just a divorce thread by the way. Ibam getting domestic violence and he throws things at me, kicks me etc I just want to be out. Life is short! He ones grabbed me from my waist lift me up and throw me out of house with no shoes, no money!!! What would you do?

Think it's best to edit your first post and include this as the advice from your first post changes a lot to this one.

I second this.
A bit of drip-feeding going on.
This is a  thread titled 'I don't want my husband anymore' that reveals quite aggressive domestic violence later in the thread.

prowla

Not saying the OP is wrong (and kicking & throwing things is unacceptable), but remember there may be a different side to the story too.