Can I leave the marital house ?

[locket2009]

Myself and my husband are on the brink of divorce . We have been married ver 10 years but the house (bought 2022) is n his sole name. Does anyone know whether I can leave and still be entitled to my share if or if I leave am I effectively forfeiting it?

We have two teenage children that I hope would come with me if I left

Yes the house would be a shared marital asset regardless of if you lived there. The reason people sometimes advise you not to move out is because of children. If you leave the children behind he can claim to be primary carer which could affect child maintenance and potentially living arrangements for the children going forward.

You may want to contact land registry to declare your interest in the property so he can't sell it without your knowledge.

Thank you 😊

Do what @Luckydog7 said so that he doesn’t sell it, which he can do as it’s in his name only. You are registering your ‘home rights’. It gives you time to sort the finances out without worrying the house will be sold and the money spent by your husband. If the house goes on the market, when the conveyancer asks Land Reg for title deeds they will know it can’t be sold.
If you’re married it is automatically one of the marital assets regardless of whose name it is in.
Best wishes.

Also be aware you being there can increase the pressure to move on and get it done

My ex was a right prick and when I moved out it took me more than 5 years to force the sale of the house - so I regret moving when I did

I was in the same boat as @LaurieFairyCake . I had to accept a smaller share as I lost all the negotiation power when I moved out. My Ex was in no rush at all so I had no choice but to settle for less.
Please don't move out unless you really have to.

There’s lots of stories on here where the ex dragged out the house sale in the hope of scoring a better financial split for themselves.

Thank you everyone I will sort with land registry tomorrow. I'm hoping we can do it as adults but it's becoming increasingly obvious he will be as awkward as possible

Hey, sorry you're going through this. Yes, the house belongs to both of you even if it's in his name, so you still have rights to it.
I’d talk to an attorney if I were you. They can help you understand your rights and maybe even register your home rights so he can’t the house without your knowledge.
If you can, try to get a divorce agreement signed. It’ll make things more clear. Good luck!