House Seperation

[CarSc23]

Hi!

So...I am going through a separation and I'm finding a lot of the information online is conflicting. Of course I need to get proper legal advise and I am in the process but any advise from people who have been in a similar situation would be greatly appreciated. Met husband in 2012..had our first child in 2014, second in 2016 and bought a house late 2016 (house was bought solely in his name). Married August 2017.

We have separated 12 months ago. He now lives in his parents house and is in the process of moving into a new home. He is taking me to court to force the sale of the home. Is this something he will be allowed to do? He earns around 60k per year and I've not asked for a penny more than the mortgage being paid which is £480 a month.

Will any of this be taken into consideration or no? Separation was my call (he was quite abusive...evidence available to support) but there was no cheating or affairs going on.

Please no judgement. Things are hard enough right now! Any advice or shared experiences would be appreciated

As you are married the property is a joint asset. He cannot force the sale until you have agreed the divorce settlement. Under that process the house will be considered a marital asset and the equity shared between you.

Even if you weren’t married his attempt to sell could be prevented if it is needed to house your children.

register an interest in the property via the land registry. I’d also ask the solicitor about an occupation order to prevent him moving back in.

apply for UC and child support. He will no doubt refuse to pay the mortgage sooner or later.

He can’t force a sale but a court could as part of the divorce and financial settlement

you should register your home rights

you don’t have an automatic right to remain in the house till children are 18 ( or any age) nor does he to provide you with somewhere to live, but a court would look at ensuring children are housed adequately- this does not necessarily mean mortgages / ones home.

what has happened over the last 12 months regarding discussions on financial settlement and what that looks like ? What are you asking to happen ?

are you working?

while 60k might seem high, it’s not a particularly high salary and certainly not in spousal maintenance territory. Do you know what assets there are and have you begun negotiate how these are to be split.?

while he can’t force a house sale he is within his right to want the financial severance to take place after this time.