How to do this fairly?

[Tryingtryingtrying1]

My husband and I are separating. Dc and I will be moving out of the marital home due to the cost of maintaining it.

Do I need legal advice before leaving if we've decided to be amicable, that he'll remain in the house until he has decided to remortgage or sell in order to release equity?

There is a large disparity in our incomes. Im trying to be fair but also mindful of putting myself on the back foot.

God, yes, get legal advice. This is a massive decision. You need an excel to help you.

FFS! Expert.

I'd say yes get legal advice, even if you think it's amicable - you need to know what your legal entitlement should be, especially as you have children and there's a disparity in income.
Honestly , I'd get advice before you move out. You might be putting yourself on the back foot by doing so without having any firm agreement.

Thank you for your replies. I'll start looking for an expert to help me on my way.

Trouble is, there isn't really such a thing as the specific legal entitlement. Instead, there are amounts you can try to get, or perhaps a range within which people in your circumstances would usually settle.

However, generally it's a good idea to have the ball rolling before moving out. What happens if he drags his feet on a sale, or re-mortgage? Who is looking after the child? what about maintenance. etc. etc.

Don't move out until you get advise. In my experience, women want to be fair, men want everything.
If he is the higher earner it is incumbent on you to make sure you get everything you are entitled to for your children's sake.
You can't depend on him being a "good guy" and this will be especially true when he meets someone else.

The comment about dragging feet on remortgage is the situation I find myself in. Lived separated under the same roof in lockdown for 7 months, he refused to move out (despite having close family nearby), so for the sake of my sanity and for the kids to see progression, I moved into rented. Now I’m waiting on him to do the most basic of admin on both the divorce and remortgage . To be fair, I’d probably do the same again as I’ve already started to find myself again..but it’s not easy. Good luck x

@waterSpider

Trouble is, there isn't really such a thing as the specific legal entitlement. Instead, there are amounts you can try to get, or perhaps a range within which people in your circumstances would usually settle.

However, generally it's a good idea to have the ball rolling before moving out. What happens if he drags his feet on a sale, or re-mortgage? Who is looking after the child? what about maintenance. etc. etc.

You're right, and I realise I didn't word my response well at all.

There isn't a specific legal entitlement, but there would be a ballpark for what the court might consider appropriate according to the circumstances. Knowing that will help you work out what you might want to accept, and what to do next.

In terms of assets It's not just the house you'll need to consider, but also any savings, pensions etc - so as much information as you can gather at this stage will be helpful, too.

As @waterSpider says, what about maintenance, too? If you are moving out with the DCs then presumably you're going to be primary carer, but what maintenance agreement will there be?