Can I sell the marital home to relocate?

[TimeIsAnIllusion]

My husband has left. Can I sell the marital home to relocate (buy another property with the equity) nearer to my family. My youngest child is less than 18 Years? Do I need my husbands permission if he is not here?

Is he still paying the mortgage?

You definitely need to slow down! take legal advice and see what your options are.

Does your ex even agree with you moving with the children? What access will be in place for them? If he doesn't agree you may not be permitted to relocate.

You need to see a solicitor!

I am entitled to stay in the property until the youngest child is 18 but I want to move closer to my family.

No you aren't entitled to stay until they are 18. It's an option but certainly not a given.

You need legal advice.

What chantico said. He may also default on the mortgage and screw you over. You need proper legal advice, not running off to your family just now.

You must get legal advice. Your thoughts are confused and not correct. I feel for yoy. Deep breaths OP

You don’t automatically get to stay in the former marital home.

If he’s gone, set up child benefit and child tax credit and let them know you have £0 household income.

Go to the CSA website and find out the minimum payment you’ll get based on his income.

You need legal advice but you probably wouldn’t get all of the equity in the house so definitely don’t count on that. 50/50 would be the starting point but this could increase depending on how often he has the kids and whether or not you make a claim on his pension.

How far away will the children be if you move near your family? Your ex may push for you to deliver the kids to him for contact if you’re moving a considerable distance away.

Thanks I hadn’t considered that I would be expected to deliver the children to him for contact too. That would be a big expense using public transport.

I had hoped to return to my family 300 miles from the marital home but 150 miles approx from where I think he has gone.
So if I stay at the marital home would I be expected to deliver the kids to him for contact?

Despite him being the one that left I can’t return to my family because i might incur huge expenses - even with a Family rail card it’s over £250 for the journeys
I couldn’t say what his income would be he recently became self employed so I don’t think he would be able to pay maintenance.
I know prior to him leaving he saved up a few months of money to cover the mortgage and bills.

None of us can say. You need to stop. Breathe. And go and get legal advice. It’s two days in, it’s way too soon to be thinking of selling the house and moving 300 miles.

There’s too many unknowns at the moment.

Get legal advice and find out your best/worst case scenario. Hopefully he will contact you soon and tell you what’s going on. I hope that he can be honest and reasonable - at least for the sake of the kids.

Get advice. Even if you stay in the house-you might have to pay the mortgage/bills. If he's gone self-employed recently, he could say he earns very little.

I would be job hunting in your situation.

Yes I am job hunting. But even working full time I won’t make enough to pay the mortgage and bills on this property. It’s better to let him have the house and not to expect any money from him. That would be naive - he will do all he can to conceal earnings.

I was told l had no legal right to stay in the house and if l wanted to l had to prove l could afford to.

First thing you must do is apply for tax credits and single person discount for your council tax.

Then you need to find as much paperwork as you can and take copies of it if it is not yours.