What now

[Hoorayhenryyah]

Needing advice, husband has walked out leaving me with 2 young kids. I work part time so he was the main earner in the household. We are both named on mortgage. Where do I stand with the house? I don’t know what my options are, can I stay here and continue mortgage, can I buy him out and how does that work? I don’t want to uproot the kids. Ideally I would like to stay here

Sorry

You’ll need legal advice specific to your situation.

@Hoorayhenryyah

Needing advice, husband has walked out leaving me with 2 young kids. I work part time so he was the main earner in the household. We are both named on mortgage. Where do I stand with the house? I don’t know what my options are, can I stay here and continue mortgage, can I buy him out and how does that work? I don’t want to uproot the kids. Ideally I would like to stay here

You'll need legal advice for the long term. Short term list of actions:

1. Arrange universal credit if applicable;
2. Seek maintenance pending suit;
3. Arrange child maintenance;
4. Ask your ex what the intention is regarding the house although normally until divorce both spouses have a right to live in the FMH. You need a short term solution about who is paying what on the mortgage. His name will be on it so it'll be his credit rating as well as yours that will get shot to pieces if you fall behind in payments.

Seek legal advice. As previously suggested. Put in claim for child maintenance. And benefits.

Regarding the house you can agree to remain in the house until the oldest is 18. You will then be required to sell or buy him out of his share. My ex wanted me to do this. But for me this would mean me still needing a place big enough for me to house the kids and being able to get a mortgage at bearly 60 to pay him his share.

Basically. What is the house worth? And what is the current mortgage. Has some of the deposits been ring fenced for either of you?

So in simple terms a house is worth £300k. The mortgage is £200k. So you each have £50k equity. So you need to raise a mortgage of £250k in your name.

There are variables. You as the main parent might get a bigger split. Are there pensions or other assets that need to be taken into account.

Tell your husband he gets to leave you, he does not get to leave his kids. He has responsibilities and cannot just walk away. How is he planning to take care of his children despite not living with them.

Hello

I am so sorry that you are going through. I am not an expert to provide legal advice however, I'm a final law student.

What you can do is ...

1. Try and reach out to him, if there is no response .. record this as proof. As you are confused and unaware as to why he has all of a sudden left you deserted with the children you made together.

1. As you have a property in both of your name. The chances that he will not continue to pay are very high which will leave you and your children stranded, or even homeless as the bank as every rights to secure asset if payment has not been missed (I.e - repossession of the house)

1. Please reach out to a close family that could help you.

1. If he has left you and he has not come into contact with you or you have not heard from it at all.. you 'may' think about a divorce as an option.

To get a divorce , you need to fill out the petition form which will get sent to the court.

There is only one ground of proof to dictate the end of your marriage and this would be irretrievable breakdown. This means when the marriage has completely broken down.

If this becomes your option, you can only prove one of the 5 facts to prove to the court which are: (1) Adultery (2) Unreasonable Behaviour (3) Desertion (4) 2 years consent and (5) 5 years separation.

Prior to your situation you may fall under option 3, as your husband has completely deserted you and left you and your children.

I am so sorry once again that this has happened. If you ever need someone to talk to , please speak with me. Stay strong

You need to break this Down into immediate / short term housing and money need then long term split of assets

In the immediate term you stay in the house, and agree with husband what he will pay. Put in claim for maintenance pending suit and cms if he don’t agree. Expectations are usually that the status quo is preserved and he should continue to pay what he was.

In the longer term you’ll have to think about housing needs for both parties, where children will live, earnings, assets splits, do you stay in house or sell outside. This will be understood more once solicitors collate all assets and liabilities info etc and look at what split might be achieved

Open a child maintenance claim ASAP - today if you can. They will backdate his liability to the date the case is opened. Don't listen to him if he asks you to keep to a private arrangement or says you'll get more that way. Often they start off with good intentions but once their new life takes over the payments start dropping off and if it isn't a formalised agreement you have no leg to stand on.

It's also a good idea to get in there first with filing for divorce so you're in control of how it plays out and the pace of it. You can submit the form to the courts yourself just to get the process started and then look for a solicitor to handle the financial orders etc. You would probably apply on the 'unreasonable behaviour' grounds.