Have i lost my right to be in family home?

[ARoomSomewhere]

I'd be grateful if anyone could advise?
In Oct 2016 i moved with 2 dcs 40m from family home. Both kids have SEN and we came to a particular school for that specific purpose.
I have paid all my costs at this end. H has stayed in family home and paid mort etc (less than my rent). It was agreed that we would review situation this summer as to where kids needs next best served. He has talked of moving his job to join us here, or we could return there. We are waiting on a diagnosis. If we get it we could take either option, if not we are prob best to remain here.
The marriage was not very happy for some time before 2016. I have been happier by myself (hes seen them most weekends but ive had to facilitate it and its often been at my location if not actual cottage). He wants me to agree to move back now before we get the diagnosis.
On saturday when we were discussing things (he said ive been unfair not paying half of mortgage. i said that might be less than maintenance which ive not pushed for and he has not paid). He hit me with some care keys and stormed off saying he would: 'see me in court'. Today i get a text saying: 'maintenance is £385 pcm. i'l pay from next month. do you want weekly or monthly?'
I dont know if he's seen a lawyer. That is less than 50% of mortgage costs. I am now worried i wont be able to move back in if i want to?
I trusted we were doing right thing by kids. Now i dont trust him?

Car not care keys! I didnt call 101 as i was stunned and it seemed a bit minor thing to fuss about but he did say he was getting out of the car so as 'not to really hurt me'. There were no witnesses and kids not around.

I'm confused. Are you separated?

Husband or partner? Your name on mortgage/deeds?

If you are married and are thinking divorce then you're due at least half of the value of the house and the maintenance on top. Maintenance doesnt replace your share of the house.

Are you separated? Are you divorcing?

Did you move away from the home for a school? How come you now need to move back?

Anyway, regardless - if you are married and divorcing you need a solicitor.

Child maintenance is nothing to do with the house or mortgage. He can't pay maintenance and then expect you to forfeit the house - it doesn't work like that. Equally he cannot pay you maintenance and expect you to pay the mortgage instead.

So I would take the child maintenance money, and then see a solicitor to find out exactly what your financial interest would be in the case of a divorce.

If you are married and are thinking divorce then you're due at least half of the value of the house

I'm afraid that is wrong. The OP is entitled to a fair share of the assets of the marriage, which includes the equity in the house, not its total value. A fair share may be more or less than 50% depending on a number of factors.

I am now worried i wont be able to move back in if i want to

From what you say he lives in the family home. Regardless of who owns it, if it is the family home you are entitled to live there unless he gets a court order stating otherwise.

As above, but run the figures through the CMS calculator first, to make sure you get a fair amount.

Maintenance doesnt replace your share of the house

This is correct. If you divorce there will need to be a full financial settlement.

Sorry. Married for 17 years.
Started living separately Oct 17.
I am disabled and dont work atm and declared living separately to dla.
This summer the kids have to change schools anyway.
We had hoped to have the dx this spring but its taking ages.
If it is positive then i can move back with kids as we will have legal rights to get them the help in their home town. If not then we wont and might as well stay here. We agreed to put the kids needs first.
He is a low earner. Has been unwell and is on sick pay. He'd genuinely struggle to pay mort and CM atm. So i've not pushed for it.
But i didnt expect the aggression. The saying he wants a divorce (can get one in Oct under Scottish law). Implying i cant return to house with kids if i want to - which was our agreement. Maybe i was stupid to move out?

we are both on the deeds and both on the mortgage.
he has worked I have not due to disability and looking after 2 kids with sen (dx still in process). so he has 'paid in' more than I have I guess (tho no childcare costs) but I put about £30K equity in when we bought our first house. Not sure how the courts would see that. In Scotland when you separate you can agree whatever terms you like as long as you have both had access to legal advice. we didn't take it that far as this was a potentially temp situation depending what happened with kids. iyswim?

Sounds like its now time to start taking it that far.