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Housing for children after/during divorce

8 replies

4piecesofCheeseontoast · 16/03/2020 15:48

Please could someone answer any of these questions for me?

Almost 2 weeks ago my husband of 5 1/2 years told me he no longer loved me and took some things to stay at his mums.
We have a 3 1/2 DS and a 10m DD.
We own our house and pay the mortgage 50/50.

I'm unsure what to do as if we sell the house I'll probably come out with enough money to pay rent and bills for me as children for a year or so then I'd need help, but if I stay in the house with the children and he continues paying half the mortgage will he actually be entitled to move back in if he decides to?

UC have already said what I'm entitled to which is great, but if I move out to rented them the house sells in a few months will I then need to repay them? Or is it a case of it would stop till I hit below the maximum savings amount?

If we go in to rented I'll need to move to a different town to be able to afford a better house for the children and I'm worried about the upheaval for them.

I should add I work part time as well.

I hope all this makes sense, I'm really confused, it was all completely out of the blue.
Thank you x

OP posts:
RedHelenB · 16/03/2020 20:43

How much equity in the house? Can you afford the mortgage with child maintenance, your wage and universal credit?

4piecesofCheeseontoast · 16/03/2020 21:04

Probably £40,000 yes it looks as thoughi probably could afford it. It's just what rights he'd have in it I'm concerned about

OP posts:
RedHelenB · 16/03/2020 21:06

Maybe it could be agreed that you stay there until youngest finishes secondary education and then split equity 50/50.

4piecesofCheeseontoast · 17/03/2020 06:34

Yes I know we can do that, it's the details I'm unsure of. Can he access the property or move back in?

OP posts:
prh47bridge · 17/03/2020 07:17

Assuming you jointly own the house he has as much right to live there as you do. That won't change until you divorce and the finances are sorted.

prh47bridge · 17/03/2020 07:22

Actually, not sure why I put the first bit of my first sentence. It is the marital home. Until your divorce is finalised he has as much right to live there as you.

JetSetGo · 21/05/2020 23:28

He could also argue that should the house be sold you have enough equity to sufficiently house yourself and the children until they finish full time education. Until that house is sold he cant get his share which isnt fair either. Most solicitors have a free consultation. I would recommend you phone a few that specialise in family law and have good reviews/ratings

GoldenBlue · 22/05/2020 11:01

With a merger order he wouldn't have to continue paying the mortgage, you would have to pay the whole mortgage. It just means he wouldn't get any equity until the house is sold when the kids are older.

Given the small amount of equity I don't think a meshed makes sense. Can you afford the whole mortgage in your own? If not then it's likely you can't afford to stay in that property. If you can then push for enough equity to allow you and the kids to stay in the family home.

Do either/both of you have a pension? This can make up a surprising amount of the family assets.

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