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Is it possible to keep the house?(2 Posts)
My husband moved out 5 months ago - it was a joint decision though he has since asked for reconciliation which I have refused. I am single still, he is now dating though this is not really relevant. I am and always have been main carer of our 3 children, he works long long hours and earns 6 figures, I work 32 hours in a low paid, term time only job to fit around the children. My earning potential has been massively sacrificed in 14 tears of marriage due to being a SAHM/working part time and not following the career I initially planned before our unplanned pregnancy. He has never been able to support me with wrap around childcare. Currently the children are not staying overnight as he is renting a room with family, but on his salary he should be able to rent a place with 4.5k left after he’s paid me maintenance, he could rent a 3 bed house for 1000 a month. Currently he is adamant he does not want to rent. However unless he can force me and the kids out he will have to look to rent or move home with his parents. I don’t think he’d force himself back into the family home thankfully!
I am hoping to, for the medium term at least, stay in my house to keep the children settled. With my tax credits and salary and maintenance I hope to get by and cover all or part of the mortgage. Can he force us to move out and sell up? I am worried I won’t get a mortgage alone, although am happy to ultimately live in a smaller place and should have a good deposit.
He is angry as basically I’ve instigated the split and I can understand how hard this is for him. It’s been hideous for all of us, but on a practical level would love to keep the house a while. What would the law say?
Sorry for the long post!
As far as I am aware with no legal qualifications. The courts have a priority obligation to dependent children. He would not be allowed to make you homeless. A Mesher order would keep you in the home until the youngest child is 18 (though personally I don’t like the idea of them.) If you can cover the mortgage cost on your own this would protect you further.
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