Seperation - decision on who lives where

[poppette]

After over a year of trying h and i have finally decided that our marriage is over, although he is very reluctant to move out of the house. We have 2 DC's (3 & 6) and I am currently a SAHM, although I am enrolled at college to start a full-time course in September. We currenly have a joint mortagage on the house.

Been in contact with CAB today and although the advisor was really lovely i still feel totally confused regarding what to do about the housing situation.

My main question is if me and the kids were to move out and into private rented accomodation, would I be entitled to help with rent or would it be viewed as i agreed to move out of the marital home so I have to find the money to support that decision.

I am just so confused at the mo and finding it hard to know where to turn for the best financial/practical advice.

sorry about the breakdown of your marriage. Firstly, have you thought about trying counselling/mediation? Might be worth a go.
If you think he would attend, mediation would be helpful as even if you decide the relationship is over, the mediator would assist you in resolving various issues such as finances and issues regarding the children and this can really cut down both costs and animosity. I'd recommend looking into collaborative law too (a relatively new way of dealing with things) this aims to achieve a 'good divorce' and is really in both parties best interests. Have a look at the 'resolution' website or for family lawyers in the yellow pages that are members of resolution.

The most important advice I can give you is DON'T MOVE OUT of the matrimonial home. Various reasons. If you move out there is no incentive for your DH to want to resolve things in the long term as he will still be in the home. You will have made yourself intentionally homeless so wouldn't get any assistance in rehousing from the council and also, you and the DC (assuming that you want them to reside with you) should remain in the matrimonial home. As you are not earning, how on earth would you be able to rent?
You must stay put and any lawyer would advise you of this. As you are not working you would be eligible (subject to your savings) for public funding (legal aid) so look for a firm of solicitors with a legal aid franchise.

Good luck x

if there is no - or little equity in the property you could still get housing benefit.