divorce with properties

[babymash]

We about to file for divorce but the issue is properties. Before we got married i had my own 2 children who rely on me for upkeep and i had a 2 bed ex council bought and paying interest only. Currently being rented and valued at about 250,000 and bal is 120,000. When we got married i remorgaged and paid deposit for our 4 bed but its in my husbands names, we now have 2 children together in the last 8 years. we all leave in the 4 bed. My husband got a job abroad and has been in and out of the country but still pays morgage and up keep.
Recently no upkeep and wer divorcing. since my 2 older chilren rely on me for upkeep would i be able to keep my own property and do i have any right to our current home, given that it is in his name.

If you are in England you need to add up the equity in the rented place and in your current 4 bed home. It does not matter whose name these is in, deduct all debts either of you have. That is your "net assets" as a couple.

You say husband so are married. Totally different if you just live with him.

You need urgently to register at the Land Registry your right of occupation over the matrimonial home in case he rushes off to remortgage or sell it from under you by the way. it just costs a few pounds. It is a public notice of a spouse's claim over a home.

So we have the net assets and then start by dividing that in two - if that is enough to house you both/the children then that's it. If in stead he earns a lot and you don't (or vice versa in my case!) then the split may well not be 5/50 and there might be payments not just for children but the lower earner spouse from income/rent.

As bb says it would be best to see a solicitor particularly as there seems to be at least £150k of assets here between you. Things like which of you earns most, where will the children choose to live - with you or him - will all have an impact. Also what about the father of the first 2 children - why doesn't he pay anything and did you have a proper court sealed financial consent order on the first divorce ? If not he might come out of the woodwork now wanting a share too (assuming you were married to first man too).