What happens when both parties want to stay in the house?

[Itsmehihipie]

I am the primary carer and have been since the kids were born. Cook all meals, sort clothes, school homework etc...
Kids are 8 and 9. We have agreed 50/50 care going forward. Although not sure how long this will last.
My husband is emotionally abusive and have recently told him it's over.
He has offered to buy me out of the house, I didn't think that was an option for me but I think with family help it could be.
Does anyone know what would happen if we both want to stay in the house? I assume it will need to go through solicitors etc...

One can only buy the other out with the other’s permission. So basically, if you can’t agree the house will need to be sold. Or stalemate.

If you divorce the property will be dealt with by the court or you could apply for the court to force the sale of the property. Get legal advice before accepting his offer.

If you both want to stay in the FMH, then either you eventually agree that one will buy the other out and release the other from the mortgage or you go to court, spend thousands and let a judge decide for you at a point when the equity may have diminished to the point that the argument has become academic....

Personally I think it is a very good idea for one to buy the other out if possible because it means there is only one lot of legal fees, stamp duty and removals to pay when you re-house. Obviously to be fair to both parties, the person moving out should get slightly more than half so that both parties share the legal fees, stamp duty etc.