Can she stay in the house?

[FabulouslyFab]

Did and SIL have a very small mortgage on their property. He wants to move out and have 3 days/week custody of the children. He wants to sell the house and split the proceeds so that he can buy a property and DD will have to also.
Can she insist on keeping the house while the children are young?
Thanks

She can’t insist. She can request it as part of a settlement. He may or may not agree. If not and it goes to court it may or may not be agreed.

No-one can answer that question on the limited information here. She needs to consult a solicitor.

She can try but it’s unlikely to be successful he needs to be able to house himself. Can she afford the mortgage on her own and it’s upkeep?

She can't but a court may order the house not be sold until the children are older.
She'd need to go to court.

Thank you.

Unlikely, unless you can afford to buy him out. With regard to the three days a week, if she’s been primary carer until now, she doesn’t necessarily have to agree to that.

He has to be able to live somewhere too. And be able to provide somewhere for the children to live.

Coils she afford the mortgage? One of my friends managed to get her ex to agree that they wouldn't sell the house until the youngest was 18 which was twelve years away and then he would get half the equity that's in the house now. Percentage wise, not the actual figure now.

But that pretty much left him up the creek without a paddle and he ended up back with his parents which wasn't good for the children either.

No wonder there is a shortage of housing.

All the financial angles need to be considered in court. 5/14 days is quite usual for non resident parent. However school run and DC social lives, eg sport, and holidays need agreeing too.

Thanks everyone. I’ve asked her to seek legal advice.

It's unlikely to be agreed apart from a short period, eg up to a year. The amount of equity she receives can be more than 50%. Before starting with a solicitor it really can be a good idea to see if they can come to an amicable arrangement because the fees for solicitor ms are horrific and they can be pretty incompetent I found!