Advice on my situation

[Divorceadvice]

Can anyone give me advice on how to go about separation, my situation is a bit complex and I’ve no idea where to turn

I am a sahm, leaving my husband due to emotional and financial abuse. He has extreme anger issues and also has a gambling addiction (it’s not strictly gambling it’s trading but he has lost almost £1 million over the last 5 years through risky trading).

He refuses to leave the family home, and I have 2 dc, 2 and 5. I am looking at moving into a small flat near my children’s school. I receive about half of the rental from my own investments but will have to use my savings to cover the other half and living expenses until I can find work to support us.

Ideally I would like him to move out and leave the house to us, if I paid half of the mortgage it would be far cheaper than renting and the children would have some stability through all this. My dc1 has anxiety around being away from his house, and I know they will find the move and being away from their dad distressing.

Is there any way to require him to do this? And if not what will he be required to pay to support me and the children while he continues living in the family home.

Also, he is talking about selling the house but due to the financial problems of the last few years both of us have multiple defaults and extremely low credit so we will not be able to buy again for 6 years.. is it possible to stop him selling?

Basically I want to continue living in the family home, is there any way to do this?

Turn to a solicitor, not an internet chat room

Technically it’s pissie but fir your individual situation no one will be able to advise on here. It’s also possible he wouldn’t have to pay half the mortgage either but again that completely depends on circumstances unique to your family finances and assets

Seek legal advice

You can apply for a Mesher order but it's complicated so you really need proper advice on that and I think it would mean you paying all of the mortgage.

www.co-oplegalservices.co.uk/media-centre/articles-jan-apr-2018/mesher-orders-explained/

Thank you. wobytide solicitors are quoting £3-400 for an initial one hour consultation. I’m trying to save what money I can as I am only just thinking about the costs of moving out etc. I can see though that I will have to get legal advice regardless as my situation is complicated

tisonlymeagain thank you for that link, it’s very helpful and maybe what I am looking for.

£3-400 looks to be a drop in the ocean to what assets you are looking to protect seemingly. It's a complex scenario especially with the gambling affecting the financial pot you have. Hence it's probably some way removed from stock answers you may find on websites was all I was suggesting. Some will offer initial consultations for less possibly but finding even the basics of what/where you should be looking would be a starting point and money well spent

I'm sadly in the same situation with the gambling / investing although not as much. I too think it's gambling.

I had a half an hour free with a solicitor that gave very good advice. If your investments are in property I would advise reading carefully about tax rules and either of you leaving the family home and being able to swap properties between you once separated.

My solicitor also advised that it is possible to get an occupation order due to husbands financial recklessness so I can stay in the home.