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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.

How do I get out?!

11 replies

Gizmojo · 22/07/2023 19:36

Ex and I decided to separate last November. He would happily have things stay exactly as they are in terms of living arrangements, I want to move on - I don’t want DS thinking this is what married/in-live couples look like (no animosity, just zero affection and separate lives).

He owns the house and earns almost four times what I do. He won’t move out, says he can’t afford it. He wants me to have most of custody and him every other weekend but it’d need to be me that moves out. He says he’ll split profit with me when the house sells, but doesn’t want to sell now as the interest rates etc are so high at the minute. Private renting is out of reach (even with UC, maintenance and him as guarantor landlords aren’t going for it), social housing doesn’t seem like an option either as I’m not considered “in need” so am 100th or so in line for any property I’m eligible for.
I have no parents or family/friends I’d be able to move in with.
My question is simple: how the hell do people get out?! Or am I just stuck here until the markets improve?

OP posts:
millymollymoomoo · 22/07/2023 22:33

Are you married ?
if not, are you named on the deeds as a joint owner ? If not, you’re not entitled to any of the house

dearJayne · 22/07/2023 22:47

Are you in England or Scotland op? Laws about the house are different.

Gizmojo · 23/07/2023 07:46

Sorry, should have said yes we’re married and in England. I’m not on the deeds but understand I can register for home rights? I care less about getting money from the house sale it’s the practical “How do I do this when everything is so expensive and I can’t get social housing?” bit

OP posts:
DustyLee123 · 23/07/2023 07:48

File for divorce - you can do that yourself - then get a solicitor to force the sale. You need your half to provide a home for your son, it’s not up to him when he sells.

DustyLee123 · 23/07/2023 07:49

Do you claim child benefit ? If so, get it paid into your own account, not joint.

millymollymoomoo · 23/07/2023 08:38

You need to file for diviorce and work out financial
split which may force house sale or him buying you out

Gizmojo · 23/07/2023 19:01

I’ve been reading I may be entitled to UC if our finances are separated out - does anyone know if that’s correct? If so I could potentially start putting a little bit away towards finding a new place

OP posts:
Alex3420 · 24/07/2023 23:46

You should definitely register for home rights, it will probably help you very much in the long run. See if this might help you with that, its got information on how exactly it can help and how to do it - https://iamlip.com/you-and-your-matrimonial-home-rights/

You And Your Matrimonial Home Rights

You And Your Matrimonial Home Rights - I AM L.I.P

https://iamlip.com/you-and-your-matrimonial-home-rights

ProseccoOnTap · 25/07/2023 07:14

OP, some lenders will consider maintenance & child benefit towards mortgage.

Have you used the "entitled to" website & put his salary through the CMS calculator?

Gizmojo · 25/07/2023 11:01

I have used a couple of benefits calculators but got wildly different results! One said £90 a month UC and the other about £700, even though I put in the same details??

OP posts:
Iworkmiricles · 28/07/2023 15:48

You need to go, or at least try, mediation. This will help greatly with a split of assets according to need and all the legal stuff. For the financial order to be agreed by a solicitor, you are best off with mediation which costs £100s not £1000s.

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