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Seperated from my husband, what are my rights?

(3 Posts)
Moominmama79 Sat 28-Jan-17 10:04:11

I recently left my husband and am currently staying at my mums with our 7yo. We've been together 13 years, married for 2 and jointly owned a house for 12. Originally he said my son and I could stay in the house and he would move out. He's now saying he won't leave and wants me to look for somewhere else to live. Do I have any rights? If he bought me out, how does it work? I don't know what to do :-(

Collaborate Sat 28-Jan-17 10:14:46

On divorce the court can sort out whether the house should be sold, and can adjust existing property rights. You're likely to get at least half the house, and possibly much more, but that all depends on what income and other financial resources are. You really need to see a solicitor.

meditrina Sat 28-Jan-17 10:16:12

You need to go and see a solicitor and get proper advice about your individual circumstances.

You have the right to a fair share of the marital assets, as does XH, and of course your son has the right to a relationship with both parents and to be properly cared for.

So selling the former marital home and then you each buying/renting somewhere new with space for your DC could be one valid way ahead.

If he wants to buy you out of the former marital home, then you arrange all that through lawyers, but what you need to start with is a current valuation.

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