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seperation and entitlements

3 replies

pinkkoala · 15/02/2010 07:31

does anybody know what legal entitlements a sahm is entitled to if they seperate from husband.

how is the house split, children, benefits and what rights does a sahm have as currently husband working and paying bills etc.

OP posts:
norksinmywaistband · 15/02/2010 07:57

Depends on many factors and every case is different.
First port of call is entitledto.com
As long as you do not have significant savings then you should be entitled to Child tax credit
Income support and Council Tax benefit, Some help to pay the interest on the mortgage after a set time period
And child support from the dc's father.

After April 1st child support will not be counted in calculations for income related benefits.

You should be entitled to stay in the family home, unless there are enough assests within the marriage for it to be sold and provide adequate accomodation for both parties.

I am only speaking from experience from a recent breakup and am not an expert. I would consult a solicitor for a free consultation session who will be able to give you a clearer picture, make sure you take along as much financial info as you can to this meeting

pinkkoala · 15/02/2010 08:02

what happens if you don't want to stay in the family home and have asked for your share of the equity, are you entitled to have the equity or half the value of the house.

OP posts:
norksinmywaistband · 15/02/2010 10:58

I think you are entitled to a percentage of the equity, how much is dependant on circumstances, normal starts as a 50 50 split which is adjusted to need.

Equity is the value of the house minus sale fees and the mortgage.

Make sure you would have enough to provide a home for the DC by doing it this way.

I have a possible 65% equity share but as a SAHM this would not be enough to buy a new adequate home for me and DC and I would not recieve benefits if I privately rented as my savings would be too much, having banked the equity

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