Legal rights as a single mum

[Meesh83]

Hi looking for some advice. Husband has left myself and 3 kids( he had an affair). The youngest child is 4. He is currently out of the family home(joint mortgage) and I am now solely paying the full mortgage payments which isn’t an issue. There is a substantial amount of equity in the house which will be divided equally. The house will need to be sold for him to receive his share. What I’d like to know is how quickly can he force me to sell the sell the house to get his share?

He can't force it if it is a marital home and you have children together, until the children are adults I believe.

Thanks I assumed this was possibly the case but can’t seem to find any definite answers on the net without having to see a solicitor.

Above poster is utterly incorrect. There are tonnes of factors taken into account and there is no blanket law or automatic right for you to stay in the home.

No one online can advise you. You need to see a solicitor.

Always see a solicitor but a mesher order stops the house from being sold.

It is possible to get what is called a Mescher Order placed on the home which achieves what the first reply said, but it's not automatic and you have to prove it's the only viable resolution. You also have to prove that exDH will still have the means to be adequately housed - with a Mescher Order in place he will be unable to get a mortgage for a home to live in unless he is stinking rich.

Given that you said that making the mortgage payments on your own wouldn't be a problem, it seems likely that it might also be not a problem to buy him out of his half. Would you be able to take on the whole mortgage yourself and release his share of the equity? Or could your parents buy his half from him?

You don't have an automatic right to stay put. A fair and equitable solution which leaves all parties adequately housed must be found. Either you need to find it yourselves via mediation or the courts will do it for you, taking significant chunks of the available capital in fees in the process. It us much much cheaper to behave like adults and find a fair solution without the courts.

If you are in England, there is a chance you are entitled to more than 50%. I would get at least some initial legal advice. And make sure you get an agreement in place with respect to the mortgage payments you are making now.
If you know what you are/could be entitled to then you are in a much better position to negotiate.

Get some legal advice. It would be hard for him to get you out even without children. I have read these posts and some people say you don't have a automatic right to stay in your own home. I know that you do for a fact.
1 very hard to get rehoused fact
2 you pay at least half of the mortgage
3 you have depends
I could go on and on. I do have a little knowlage of property I am a half owner my self.
I would also suggest that you read your mortgage papers. He will find it hard getting you out if you play hard to give as the house is your right also

You need to get property related legal and financial advice, and work out the entire financial settlement.

Clean break is generally preferred. So you need to consider all assets - including pensions. And although there is often a strong presumption that DC face the minimum disruption, both former spouses need places to live whuch are suitable to house the DC during the times they live with each parent. If the only way that can be afforded if for the FMH to be sold so two suitable properties can be acquired, then that can be ordered.

This is absolute rubbish:

“I have read these posts and some people say you don't have a automatic right to stay in your own home. I know that you do for a fact.
1 very hard to get rehoused fact
2 you pay at least half of the mortgage
3 you have depends”

It’s case dependent.

You need to get a solicitor and legal advise.

The courts have an obligation to consider a clean break and both parties need to be suitably housed. Wants and needs are totally different.

You do not have an automatic right to stay in the FMH or an automatic right to get a Mesher order.

Theres no automatic rights anymore.

As pps say, you need to get legal advice. You maybe able to live in the house, you may not.

Lots of factors will come into play. Like can he house himself without the money. Can you rehouse you and the kids? Remember, he will need to house himself with room for the kids too.

Clean breaks are much more preffered now, where possible.

You will only know when it comes down to it.

Get a solicitor. Dont assume anything. Dont try to please him.

Why would you want to carry on paying the full mortgage for the foreseeable future, then sell and hand him half the equity?

Least sensible solution.

The courts would put the children first. They will also consider who is putting the most money and time ECT ECT in the house. It will also cost time and money to get to court. It's not a case of all options conciderd. It's a case of standing up to what is right. After all the courts would also concider that dh left for another woman. So there could be emotional abuse involved if I was this mum I would continue to pay the mortgage and just stay. As the more mortgage she pays the more of a share of the house she owns.

Get some mortgage advice. See if you can get him of the mortgage. You could also try to remortgage if he has no financial responsibility to the building and does not live there. Even though it's a joint mortgage you could still remove him. It wouldn't be easy though but it's possible. Be strong and very patient and please get some advice the CAB could help and that's free. PLEASE REMEMBER WE SHELL NOT BE MOVED.

"After all the courts would also concider that dh left for another woman."

That in not the case

Why wouldn't you get legal advice? You clearly have means and it's the only way you can protect yourself. Mumsnet can't tell you anything useful.

The courts will not care why the marriage ended, it will not impact anything to do with finances

Get everything together, mortgage statements, bank statements, details of pensions and get legal advice. Fault has no bearing on financials, only a solicitor with all the informationcan give you good advice on what may or may not happen.

Where has he left to go? My ex moved in with his girlfriend which the courts deemed proof he was housed sufficiently. He eventually signed the whole house over by consent when the guilt got to him.