can I stay in the house?

[s0fedup]

Hi
just a quicki...
if we were to separate can I expect my H to move out of marital home?
I have 2 dc (6 and 3) and I would like to stay to keep it secure for them. Would I have to pay the full mortgage? i know he would wamt to sell but i only work part time so I would never be able to afford the mortgage on my own or to buy somewhere else...
thanks in advance for your advise

You'd need to write an essay on your financial circumstances to get anything approaching a reliable opinion - or spend an hour giving chapter and verse to a solicitor. Look at s25 of the Matrimonial Causes Act 1973, which lists the factors to be taken into account, and if you then add 40 years of developing case law to interpret that legislation, you may then appreciate that the answer often isn't straight forward.

oh dear, you lost me at 'write an essay' (havent done one of those for a while!!)

If your wage, tax credits, cb & 20% of his NET salary would enable you to pay the mortgage, bills, etc then it seems likely you could stay in the home until your youngest reaches 18 BUT he still needs to be able to live somewhere where he can have the children so if by selling & splitting equity that is more likely to happen then that's a possibility. It could also be seen as reasonable for both of you to rent, there is no requirement that says you have to live in a mortgaged property when you live with the children.
I would see if any solicitors offer a half hour fee consultation & they can talk you through possible scenarios.

thanks red helen