Family home advice

[londonlady2016]

I'm hoping to get some advice about what happens to the family home when divorcing.

My husband and I are getting divorced. when we bought our house, I put the deposit down yet the mortgage is in his name only and I am not on the title deeds however I have got home rights. We both want to live in the house and this is causing some arguments. He has a daughter from a previous marriage that stays with us 4 nights a week and i have cared for her since she was three, the rest of the time she is with her mum, we also have a son together and I am his main carer.

I need to know how realistic it is that I could stay in the house with my son. I will have him 5 nights a week and would like to keep the continuity for him as this is his only home. My husband wants me to move out and rent somewhere saying I would not be able to pay the mortgage whilst it is in his name and it couldn't be transfered to me as it would be means tested and I wouldn't get a mortgage in my name because I don't earn enough. I work part time and will be receiving benefits to help living costs. I believe that I would be able to afford to stay in the house. I don't know how the court would decide on this if it went there,

Any help on this would be great. Thanks.

[Jr567673]

The priority is the children. If you are the resident parent then you stand a chance regardless of who's name the mortgage is in as your son needs a roof over his head. When you marry everything is 50/50 and it doesn't matter who bought it! Just because your name isn't on it you have still contributed to the house hold. I would go to a solicitor and speak to them x