Worried about separation financially..

[BelleBoyd]

My H and I have been married just over a year and have a 4 year old DD and 6 week old DS.
We split when our DD was a year old and got back together last year. It now looks like we will split again as the same issues have come up again-he is verbally abusive to me in front of the children, drinks heavily, doesn't help out much in the house or with the children.
He is quite unstable emotionally and it is almost impossible living with him plus I'm really worried about the effect of this behaviour on my DD especially.
He pays housekeeping to me every month and at the moment is my only income. I was receiving tax and child credits when a single parent-would I receive these again if we seperate?
I'm worried if we do split he will stop working and not pay any maintenance. He hates his job and feels he only works in order to support us so if we're not together I suspect he'll stop working.
Also I own the house-bought it when I was single and I'm worried he'll refuse to leave-happened last time we split as we were in a rental property. I had to buy a place and move out to seperate.
I'm also worried he could claim half the house.

The usual division is half the assets which would include the house equity if there is any equity in the house. However he may have to wait until you remarry or cohabit or the youngest child is 18 as you don't work and he does. Can you both afford the mortgage if he moves out and has to pay rent?

There's no mortgage-I bought outright. I would be working very part time once DS is a bit older. He's never had to pay towards a mortgage or pay me rent.

You probably are better off speaking to a solicitor.
If you had only been together a year with no children including cohabitation before marriage it could be counted as a short marriage and each put back to square one rather than 50/50 split or some other split.

You might want to propose that you have a clean break, you keep the house and he does not pay you maintenance although he does for the children.

I suspect that would not leave you enough to live on. So another plan might be he gets his share of the house when you remarry cohabit or the youngest child is 18 and perhaps you get 60% not 40% given he earns more and he pays you maintenance for 5 years or until you remarry or cohabit.

I would be happy with no maintenance for me and just for the children. Didn't expect anything but that anyway. I just really want to keep my house. I've worked really hard for 20 years to buy it and it's all I have.

If it's England, not Scotland then thse short marriage rules where you get put back to square one rather than splitting things 50/50 tend only to apply if including cohabitation you've only been together 1 - 3 years I think and if there are no children. As you had children there is a risk he might get half the equity in the house. If you weren't married there would not risk of that at all - massive difference if you just live together.

Do you think he will claim the house? If you are giving up claiming loads of maintenance for yourself for years and years he may just at a clean break walk away settlement (although I would not rely on the fact he will pay anything for the children - he may just give up work and not pay).
If he does agree to a walk away and you keeping the house then that is onl legally valid if it is agreed between you in writing, ideally written up by a solicitor and stamped by the court in a financial consent order before the decree absolute I think but after decree nisi. It is the hardest thing most couples have to negotiate. If you cannot agree it you would have mediation or a court hearing but better just to agree it to save the cost of that.