Can he force me to move?

[MINKY75]

Long story short stbx left at Xmas and has been a massive di#k since. I went to a solicitor who surmised we'd have an equal pop at the money in the house as I'm primary carer for 2 kids but he earns about 20k less than me. Equity currently at £80k with £35k being my deposit from pre marital home. He has stated that he would be happy for me to uproot the kids and downsize so he can 'get what is his' which has left me fuming! Can the court make me pay him his 'share' of the equity if I can afford to extend the mortgage. Or could they rule that I can stay until my youngest is 18 if I prove it would cause emotional harm to move them??

If you can afford to get him off the mortgage and pay him out without needing extra maintenance from him, the Court won't force a sale. But be wary. Getting too keen on the bricks and mortar, for however good a reason, gives him a negotiating advantage. Think carefully how much you will sacrifice to keep that home.

Courts do order sales all the time, regardless of upset to children, I'm afraid. Not always : it depends on all the circumstances.

You need to see a solicitor to go through this properly.