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Divorce/separation

Here you'll find divorce help and support from other Mners. For legal advice, you may find Advice Now guides useful.

Original poster

Should I move out with the kids?

6 replies

Lj199024 · 23/06/2022 08:48

Separation from my partner (not married). We live in his house (not in my name, although I have lived there and contributed for 3 years)
We have 3 young kids, youngest two are his. It’s my choice to separate. Should I move out?
i kind of feel because it is his house and it’s my choice I should go, but also moving the kids and trying to get a property large enough for us all will be hard.
we have not really spoke about this yet properly however he has said on occasions he would go back to his parents although I am not sure if he would actually follow through with that.

i feel living in his house would still give him an element of control?

OP posts:
Coffeaddict · 23/06/2022 08:50

If your unmarried you have no legal claim to his house.
Have you been paying towards the mortgage? You may be able to claim some part of equity acquired in the property over the last 3 years but you would need to see a solicitor

Original poster
Lj199024 · 23/06/2022 09:13

I don’t want any of the house. It’s not really about money. I am happy for him to just keep it (it is his after all)

I was kind of just considering staying here with the kids until I find something? but was just wondering if others would do that or if they would just do the clean break??

OP posts:
KazzaN · 23/06/2022 09:14

Coffeaddict · 23/06/2022 08:50

If your unmarried you have no legal claim to his house.
Have you been paying towards the mortgage? You may be able to claim some part of equity acquired in the property over the last 3 years but you would need to see a solicitor

You're not entitled to anything regarding the house UNLESS he put you on the deeds or you both signed an agreement at the start.
However I've been living in my exes house with our daughter for the last 15 years and it's worked well - was NOT easy at the start.
I've paid all bills and the mortgage for the last 15 years and recently saw a solicitor to see if I could make a claim on the house - I can't.
A solicitor I saw right at the start of our split said to me - don't ever move out if u want to stay there - you'll never move back in!
Good luck x

Original poster
Lj199024 · 23/06/2022 09:46

@KazzaN thank you for this. It’s very useful xx

OP posts:
KazzaN · 23/06/2022 10:21

Lj199024 · 23/06/2022 09:46

@KazzaN thank you for this. It’s very useful xx

Honestly if it was me I'd stay in the house. It's horrible splitting up with someone anyway, to uproot you and the kids from their home makes it so much worse.
Stay put if you can ! X

Ihavewon · 28/06/2022 22:39

Why can his two kids not stay with him in the house and you move out with your other child?

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