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Who moves out?

(7 Posts)
Doearwigsmakechutney Wed 12-Mar-14 23:23:05

I need to take some legal advice about this, but wondered if there was a general view on who moves out in the event of a relationship ending?

Very briefly, I take primary care of the DCs (changed to pt hours to do so), but H put significantly more money into the house (it's mortgaged). I'm trying to find somewhere else to go, but places are prohibitively expensive if there was to be space for me and the DCs. If we split up, would H move out (assuming primary residence was with me), at least whilst house is sold etc? Feeling very anxious about all this...

Chattymummyhere Wed 12-Mar-14 23:29:31

No one has to move out legally, the right and moral thing would be for him to leave and let you and the children remain, you could get the house ordered for you to live in and not sold till the youngest is 18 years old don't know how common that is though

Bogeyface Wed 12-Mar-14 23:30:23

You need legal advice but if you want to stay in the house until the youngest is 18 then you can apply to the court for that if your ex wont agree. Or you can agree to sell and split the proceeds according to need, generally as you gave up your FT job to care for the children and are the primary care giver, you would get a larger percentage.

Get yourself to a good solicitor asap (get a personal recommendation if you can, post on MN if you dont know anyone to ask IRL) and they will advise you so that going into mediation you will know how to proceed.

Doearwigsmakechutney Wed 12-Mar-14 23:41:31

Thanks so much. Going to try to get some sleep now. Really appreciate speedy replies.

If you are married with children then everything is likely to be viewed 50:50 regardless of who put more money into the house. Before the house sells (if that's the route you have to go) then it's more difficult, like chatty says nobody has to move out.

Bogeyface Wed 12-Mar-14 23:58:56

Lady (love the name!) they start at 50/50 and then weight it according to circumstances, so I would imagine the OP would get a slighty larger portion due to her reduced earning potential.

Bogeyface Wed 12-Mar-14 23:59:36

But YY to the fact that he put more in being generally disregarded (although inheritances can cloud that I think) thats why the OP needs legal advice.

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