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Legal question re separation

2 replies

Spottysock · 29/12/2017 22:27

So I want to separate from my husband. We have a dd.

I currently work ft. He got made redundant 1 yr ago and has made no effort to find work.

I would assume we'd have 50-50 childcare. I think he'd want to have full custody to hurt me. I'd love to have more custody if possible. I could easily do 50-50 even with work as my hours can be arranged so I'm not in 5 days a week.

I'd ideally sell family home and there'd be enough to buy 2 perfectly adequate smaller homes. I'm happy to move out and rent initially as current home has bad memories.

My questions are:

  1. If we had 50-50 childcare would I have to pay maintenance to husband as I'm the only earner.

I could go part time and still support me and dd on reduced wage if didn't have to pay him.

  1. Mortgage in joint names. Would i have to keep paying mortgage if I moved out.
  1. Can he be forced to sell or buy me out.

He's EA of me and I know will do all he can to meek my life hell.

We have significant savings between us (ISAs) etc if that makes any difference

Thanks

OP posts:
prh47bridge · 30/12/2017 00:00
  1. No. If childcare is genuinely shared 50/50 with both parents providing equal pastoral care and support for the children there is no child maintenance liability either way.
  1. If he pays the mortgage in full you don't have to. If neither of you pay the mortgage the lender can come after you for the default. You could also lose the house and find that the lender sells it for significantly less than you would have got if you sold it yourself.
  1. Get proper legal advice. What happens to the property will be part of the financial settlement.
Spottysock · 30/12/2017 18:27

It sounds like the def need a solicitor before doing anything. Thanks

OP posts:
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