Can I move out during divorce?

[Brightskiesahead]

We have started divorce proceedings. I initiated it and it was agreed on both sides. But living with one and other is unbearable and to be honest my mental health is really suffering. I want to move out and rent. DH is refusing to move out although he had more financial means than I do.

Can he insist I pay half the mortgage if I go? We are joint owners I don't pay anything now as I'm a low earned but recently applied for UC. Also can he refuse to give me child maintenance if I'm not paying towards the house?

The biggest risk is that he objects to the children going with you. What ages are they?

I would seek legal advice before doing anything drastic.

Legally you're required to pay the mortgage. And if he stops or only pays half then you're still accountable.

You can try to negotiate, but he doesn't have to agree. So even though UC may lay some of the rent you could be liable for mortgage plus to top up rent.

He should pay child maintenance, but it could be long and drawn out, so you cannot count on this.

Equally, he doesn't have to let his child leave the family home just because you have chosen to leave. You could find that you become the non-resident parent, with limited contact.
You need to try and discuss this all rationally in the first instance.

You’re not legally required to pay. The mortgage is a joint and several liability so if he defaults they can come after each one of you for the full amount

He would need to pay child maintenance ( can he afford it in top of mortgage and all bills?)

Does he agree you can take the children with you ?

UC will not give you any money towards rent as you own a house

The best thing is to talk and discuss a way forward. My exh continued to pay the mortgage after he moved out but we came to an amicable arrangement on support

@millymollymoomoo
"You’re not legally required to pay. The mortgage is a joint and several liability so if he defaults they can come after each one of you for the full amount"

Yes that's true but be aware if he stops paying as well then you will be in default, on your credit rating and will basically make getting another mortgage extremely difficult.

Child maintenance is separate issue and the non resident parent will be required to pay unless you have 50/50:parenting in which case it will be zero

Thanks everyone. I'm feeling very trapped. I suggested I move out and rent with the kids and share time with them but he said I'm emotionally unstable/unhinged and he'd never let the kids go with me.

So there is your answer. You can refuse to pay half the mortgage and move out but no court is going to force him to cover the mortgage or cms but no both. You will not get UC.

What are your other options? Do you have supportive friends? Or family? Can you stay with them? Can you agree ground rules? Is his behaviour reasonable or unreasonable!?

I spoke to my sol and she said that he can't ask me to pay as I haven't paid anything towards the mortgage or bills as I'm a low earner and primary carer. I can't see why I won't get UC. I've looked on the website and as I get it as a single person now living in this house so it's just a change of address? I'll double check with them tomorrow thought.

Is your name on the mortgage?

I believe they will pay you UC for a period of 6 months as long as you are taking steps to release the capital in the house (ie it’s up for sale for no more than the valuation price). So you would be able to rent elsewhere and have 6 months to get the house sold or he buys you out