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prowla said:Not saying the OP is wrong (and kicking & throwing things is unacceptable), but remember there may be a different side to the story too.
But all we can comment on is the side we are hearing.
As the OP came here initially for advice on divorce, this would be a good place to start:
UK's most visited online site for free divorce advice (wikivorce.com)
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Call the police if he is violent. Then talk to a solicitor. You may be able to get an injunction order- non-molestation order to forbid him from using violence, harassing you etc, and can also request an occupation order requiring him to leave the house so you and the children can stay there safely.
In considering the application, a court would look at the harm caused to him by being forced out of his home and the harm caused to you and the children if he is allowed to stay.
IF you were granted an injunction, it is not permanent and doesn't change the ownership of the house, but is intended to keep you (and any children) safe while you reach a permanent settlement. IF you can afford to remortgage into your sole name to clear the current mortgage and pay him his share of the equity then a court may accept that that is a fair way to resolve financial issues.
As mentioned by previous commenters, in coming to a financial settlement, a court would look at all the assets, so not just the equity in the house, but also any savings, investments, pensions either of you have, your respective incomes, earning capacities etc, both of your needs and the needs of the children. The starting point is generally 50/50 but this may need to be adjusted.
For example, as you have the higher earning capacity, it might be fair for him to have a bigger share of capital as he will have lower income, lower mortgage capacity etc. On the other hand, if the children do remain with you then that might swing things the other way as you would have greater housing needs etc. You'd have to think about practicalities - if he were to leave, can you care for the kids and continue in your current job, or would you need to reduce your hours or pay for additional child care? How would that affect you ability to buy him out / remain living in the house?All posts are my personal opinion, not formal advice Always get proper, professional advice (particularly about anything legal!)1
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