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Advice needed on moving out of house that I own

(5 Posts)
ConfusedBunny Tue 03-Nov-09 15:39:15

DH and I are on the verge of a breakup and I think he would cope better if he stayed in our existing home and I moved out rather than the other way round. The thing is I own the house in my own name, not joint names, and I have a small mortgage on it. Are there any legal pitfalls if I move out and rent somewhere else? What if I buy somewhere else later on - I would have to raise a deposit by increasing the mortgage on our existing home. (DH couldn't afford to buy me out.)

Are there any additional legal complications with us having a 2yo dd? I expect we would have her 3+half days a week each.

If the split does happen I want to keep things as amicable as possible but without doing anything legally stupid!

Any advice appreciated.

Blu Tue 03-Nov-09 15:42:16

DH as in you are married?
Because I think once you are maried there is legally no such thing as 'yours' and 'his', and he can probably claim half. In a break up often the paent who has residence of the child/ren often gets 60% or 70% of the house equity.
Maybe you should seek legal advice. And discuss it through mediataion, if you end up divorcing.

ConfusedBunny Tue 03-Nov-09 15:47:34

Yes we are married. He would get the majority share of the house if that's where dd is legally residing, even if she spent half her time with me?

Although tbh I don't think dh would enforce that.

EldonAve Tue 03-Nov-09 15:58:15

If you move out without your child you risk losing residence of the child

Blu Wed 04-Nov-09 19:10:12

And therefore, presumably, a majority share in your house.

You realy do need to seek legal advice. Just to be clear, and to find a way forward that is both what you want, and fair to all.

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