Pros and cons

[Mum565]

I am thinking about leaving my my husband and moving out of the martial house but I just want to know what the pros and cons are if I do leave my husband and move out of the martial house

The house is usually the most valuable and practical asset. Being able to reside in the house pending the divorce has advantages. It is convenient and almost always the most cost effective housing option. You are obliged to pay the mortgage unless your ex agrees to cover it all and you need to find your own housing costs as well. This all means you will be more likely to want a speedy resolution to finances and therefore more likely to make concessions in negotiations.

The person staying in the house can usually afford to drag things out and has little or no financial incentive to compromise on asset share. Even when you get a court order directing a sale they can prevaricate over price and put off buyers. If someone wants to or needs to they delay the sale of the house for years and this could limit your chances of buying your own place because your equity and borrowing are tied up in the property.

Upside you don’t have to live with someone who you are divorcing.

Pros you have freedom and privacy.

Cons depends on your financial situation and whether you are on the mortgage and have an ongoing financial obligation for the house.

I stayed and ex moved and I wouldn’t say that was a financial benefit to me as he was living rent free (family then benefits) and I took on 100% mortgage but that expense didn’t get taken into account in the financial split and I also had all the repairs / upkeep.

The way courts decide now I don’t think there is any financial advantage to staying as the % split isn’t usually affected unless there’s a specific reason eg disability why a child needs to stay in a particular house / area.