Where do I stand if I move out

[nobodynobody]

House is joint owned. No mortgage. Marriage is plainly over as he refuses to engage or communicate at all. Small children at school. I’ve had enough. I’m being minimised, ignored and gaslighted in front of the kids. Where do I stand if I move out of the family home into rented? Can I then force a sale of the house or do I lose my half share?

The courts will want to see a fair split of the assets. That may mean you are entitled to more or less than a half share of the house. You need to consult a solicitor. They will be able to advise the likely outcome and your best course of action.

You'll still be a Legal owner of the property OP whether you live there or not. Would reiterate the advice to see a solicitor dealing in family/matrimonial. How assets are split is very much dependant on individual circumstances so hard to give advise over the internet.

Please don't take legal advise off mumsnet. You need a solicitor immediately to get accurate information.

Get a really good solicitor before you decide anything.

However my friend was advised not to leave the family home as it shows you are able to cope and provide a home for your kids without relying on the former family home and therefore there was a real risk that she would have gotten less of a share of the house in the division of assets. Overall it worked for her, she ended up with a lovely house, however how she coped living with her ex for 2-3 years I will never know - it was hell and she was under a lot of strain - she’s very stubborn though!

If you move out you don't lose any rights in the house. The problem is, you're not going to leave the DC behind, are you? If you do, you will find it more difficult to sell the house, because his argument will be that he needs it to keep a roof over the DC's heads. You could also lose your right to have them live with you, as you had deserted them. If you go, take the DC with you.

If he stays in the house and you move to rental, he can delay everything as much as possible while you would have to spend money on rental.

Certainly see a solicitor but the advice is usually to stay in the home and ask him to move out. It's to keep a secure roof and home for the children of the marriage. If he won't go you can't force him. Basically you have to be divorced and the assets split accordingly, although it's usual for the woman to stay in the house if there is no alternative. The house then has a mesher order placed on it so when the kids reach 18(ish) it has to be sold and the exH takes his half share of the value. Lots of variables so a solicitor will look at all assets, pensions, savings and so on and advise you. Before then I'd look into all the finances, separate them etc to protect any assets as money in joint accounts has a habit of disappearing in messy divorces.