My ex and I have our first court hearing coming up. He’s been living abroad for almost three years. He initially went to spend time with his family but later decided to stay there and end our relationship (married). He applied for divorce 1.5 years ago. His housing needs are already being met (I have signed evidence from him stating he’s moving back to his home country, though he may deny it). I was a SAHM for 2.5 years. I haven’t been able to take on the mortgage because I’m a contractor, have only been working for 2 years and my income fluctuates. While it was stable until about six months ago, the sector collapsed, and now I’m facing a 70% reduction in work. I cover 100% of all bills, childcare for our 5-year-old DS, and his expenses. I also contribute over 50% of the mortgage, service charges, and ground rent, while my ex contributes £200.
I’d like to ask the court if I can remain in the property for five years (this was proposed by a judge at a hearing we went for stay on proceedings), though I anticipate leaving earlier as soon as I can improve my financial situation, after which we could sell and split the proceeds. I tried to speed up the divorce and move on by claiming child maintenance last year, but my ex quit his job three months later, which has led us to this point. He wants me to take on the mortgage , but right now I can’t due to my work hours and I can't afford rent either. I would be homeless with DS. He claims he has no income or savings. He has renewed the mortgage term for another two years. I suspect he has income abroad that he won't declare to the court. He wants everything on his terms - either selling the flat or me taking on the mortgage. He’s not willing to do any childcare or pay child maintenance.
The flat has around £40k equity and we've been married for 8 years.
Do you think the judge would allow me to stay in the family home for a couple of years while I work on improving my finances?