Moving out

[youorme]

Can anybody please advise me on what my legal position is if I moved out of the family home. If I rent another property and leave the family home with the kids (moving somewhere within half hour) would I lose my claim on the property? Could I then force him to sell? There’s no mortgage and is in both of our names. The marriage has completely broken down and the stress of living under the same roof as him is killing me.

You won't lose your claim on the property, It's property of the marriage and remains yours if you're in Timbuktu. Do you think he will refuse to sell it or to buy you out?

I don’t know. Anything’s possible. Thought I knew him but I really don’t. I need to assume the worst and prepare. If he refuses to sell or buy me out then what happens? How much is it likely to cost me to force something to happen?

You do not lose your rights but you probably put yourself in a much worse position eg it could be assessed later that your housing needs are met as you have found somewhere else and that he needs the family home for the times he has the children. I am not saying that is possible but could happen.
My husband would not move out when I wanted a divorce so we all stayed here for 7 m onths whilst I remortgaged, bought him out, paid him and the house went into my name (I was lucky enough to earn enough to be able to do that).

Assuming no marital violence, neither of you can get the other out until the divorce proecss is finished ie not just decree absolute but court ordered or agreed and court sealed consent order on the finances. My husband left the day after the money hit his account for his pay out.

Can you not just get the divorce petition served on him and try to push it all through as quickly as possible whilst you all stay living in the house? That might also be easier for the children. Is there any way you perhaps with parents' help could afford to buy him out of the house? Also if you earn less than he does he might well not get as much as 50% of the equity.