Where do I stand with the house if I divorce?

[needadvice72]

Basic facts are I've been separated for four years now. House is in my name only, he lived in this house for three years before we separated. I have no idea where he lives now although he turns up once a week to see the children. I was a SAHM throughout having our children and financially dependent on him though I am now back in work. He currently provides 500 per month maintenance for four children, obviously no overnights as we don't know where he lives.

For many reasons which have come to a head tonight, I really would like a divorce even if he withdraws maintenance. The only thing he holds over my head is that he will want "his share of the house" and this keeps me a little wary. Does anybody have any idea what he will realistically be entitled to regarding the house should we divorce?

Many thanks.

You need proper legal advice. There isn't enough information here to say what a fair divorce settlement would look like.

Seems unlikely he is entitled to much but perhaps if he paid the mortgage for 3 years he is due something, speak to solicitor.

I agree with prh. No one with any working knowledge of this area of the law can offer advice on the information given.

I'll seek legal advice I think...I couldn't bear to lose my home after I've worked so hard to keep it. Thank you for taking the time to respond.

It depends on many factors, such as:

how many bedrooms you have
are you over housed
can you afford the mortgage on your own
what other assets you have and what does he have
how long you were married
what you had before you were married
what the disruption to the children would be
how easily you and the kids could be rehoused in a similar area

There are no hard and fast rules, it's all done on a case by case basis. He may not even seek a claim to the house or want to disrupt the children and this would be by far your easiest route, if he is on board or can be persuaded.