What if you are married and have joint mortgage?

[cherrychoo]

If my marriage goes tits up, i have a feeling that it will be me that has to move out as DH will refuse point blank and will make life very uncomfortable for me if i stay.
I would have to leave ds with him.

But legally, what do you do? Who has to move out and what happens?

No one "has" to move out. You decide between you who has the child, and the financial settlement, but if you can't decide, a judge will make the final decision.

It's not at all unusual for one party to say that they're not going to move out, but once the divorce petition is issued and the procedure gathers momentum, reality hits them and they start looking around for alternative accomodation.

I strongly recommend that you do not move out and leave your ds in the house as that is likely to have long term effects in who gets what.

You should go and see a solicitor asap. You can find details of local family law specialists on the website www.resolution.org.uk. You can also work out whethr you may be entitled to public funding by going to the Legal Services commission website (sorry can't remember link), go to the eligibility calculator for Legal Help.

Many solicitors will give you a free half hour but best to find out first whether you're entitled to public funding, otherwise you may just be wasting your and the solicitors time.

Thanks very much x