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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Can someone help? Will it affect my claim on house if I move out?

9 replies

Cheese11 · 27/12/2022 11:51

Sorry know it's not AIBU necessarily but would like a quicker answer if possible...

I want to leave H. But I know for a fact there is no way he'll leave the house if I ask him to. I can't imagine living under the same roof and keeping my resolve to leave.

I have parents who'd happily have me and our 1 DC until we sorted out the house but will this affect what I'm entitled to?

House owned as joint tenants, my name on mortgage and we both contribute towards bills etc...

OP posts:
Needtoseethatbiggerpicture · 27/12/2022 11:56

No, it would be fine. However be aware that the divorce process can be slow and even slower with someone dragging their feet. There is little to be done other than go to court and that can be slowed down by not turning up. I recommend wikivorce for all things divorce, a really good starting point.p. Ask around about local solicitors and I do recommend reading up on the process as much as possible to limit questions you’ll be charged for.

It’s not easy but you will get there. Good luck.

TheYummyPatler · 27/12/2022 11:58

You’re married so it’s a marital asset regardless of ownership on paper. The assets will be divided by ‘need’.

Yoy may find that

TheYummyPatler · 27/12/2022 11:59

You may find that his ‘needs’ are considered greater because he has children and you don’t though. Divorce law is shit that way.

ConfusedNoMore · 27/12/2022 12:00

If you leave, he has absolutely no incentive to sort finances out for a divorce. My exh was abusive and effectively made me homeless as I was too scared to stay. He started a divorce but then I had to petition to get him to proceed with the treat of counter petition. I know you now have no fault divorce but not sure if that will speed it up.

It's tough but stay if you can and it is safe.

Cheese11 · 27/12/2022 12:00

TheYummyPatler · 27/12/2022 11:59

You may find that his ‘needs’ are considered greater because he has children and you don’t though. Divorce law is shit that way.

We share a child that I do practically everything for. Never even bathed them.

OP posts:
TheYummyPatler · 27/12/2022 12:01

I realise you have one child. But divorce law may allow him to argue that he needs much more of the assets to house that child and his other children - even if you are the primary parent to your shared child.

Cheese11 · 27/12/2022 12:02

Not sure why I should be my responsibility to house his other children! How annoying.

OP posts:
TheYummyPatler · 27/12/2022 12:02

Cheese11 · 27/12/2022 12:00

We share a child that I do practically everything for. Never even bathed them.

I might have mixed you up with another poster.

if there’s one child only, and you have the child all the time, then your needs are much greater. So you should get more of the shared assets.

Those assets include his pension btw.

TheYummyPatler · 27/12/2022 12:04

Cheese11 · 27/12/2022 12:02

Not sure why I should be my responsibility to house his other children! How annoying.

Because (as I also discovered) the law is profoundly stupid in divorce where there are SC.

See a solicitor.

Regardless, you are entitled to a share of the assets and you’d be better off without him.

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