Divorce and housing

[Mylifestartstoday]

My husband has left the marital home as he has been having an affair for 18 months. I appreciate the house will have to be sold but I don’t work due to ill health, and haven’t worked for the majority of our 20 year marriage. We have 2 teenage children. I won’t be eligible for council housing. Does the exh have to house us, or could we end up on the streets if he sells the house? There’s around £80k equity.

The house may not have to be sold just yet. You need to go and see a solicitor and get proper legal advice, give all of the facts about marital assets (house, savings, investments, pensions etc). Take copies of bank statements, wage slips etc.

Yes don't panic and as above seek legal advice asap - it's really important to get someone qualified, with full possession of the facts, to look at the case and give you an idea of what to expect, and if they are able to help you come to a reasonable settlement with XH out of court, so much the better for everyone.

The starting point on divorce would usually be 50:50 split of assets, but this can be varied, in particular to ensure any children are suitably housed. It might not necessarily mean you are able to stay in the former marital home, and certainly not stay forever (you might be expected to downsize to a smaller (privately rented or purchased) home that is still suitable for the DC now, if this is possible, or perhaps move somewhere smaller once the DC have left home for instance). It will really depend on what other assets there are (savings, investments etc), how much the mortgage is on the house, and your XH's income. A court wouldn't order him to continue to pay the mortgage on the family home for instance if this meant he wasn't left with enough to house himself suitably, but if his income is high enough or there are other assets you might get a substantial portion of the equity in the house and/or some other arrangement to allow you to stay in the house at least for a period of time. He will likely have to pay you maintenance for the DC as well as any settlement on divorce.

As you are currently living in the house and you are still married it's unlikely he can simply unilaterally decide to sell it and throw you out on the streets either, if this is reassuring. But do see a solicitor asap and don't rely on what strangers tell you on the internet! Also look into whether there are any benefits you can claim, you can use thew website entitled to to look this up...

Good luck!