Advice needed - separated with kids, rights about the house

[pinkcupcakefairy]

Hi everyone, I'm really hoping someone can give me some advice.

My friend has been separated from her husband for about a year. They have 2 children. He moved out of the family home and they have the standard system of the kids live with her the majority of the time, with him having them 1 night a week & every other weekend.

He has been a bit of an arse about alot of things eg giving no notice of not being able to have the kids on his weekend leaving her unable to go to work on the saturday, only paying for the things he wants to so she has to find the money for the kids hobbies, school trips etc.

However now he has told her she is going to have to sell the house as he cannot afford the mortgage. I am sure I have read on here and elsewhere that she has the right to stay in the family home until the youngest turns 18 and was really hoping someone could point me in the direction of some information which confirms or refutes this or any advice as to her current legal situation.

If anyone can help I would be so grateful, my friends at the end of her tether and obviously can't get to a solicitor for a while with the bank holiday & I would love to be able to give her some info as to her rights at the moment.

Thanks for all your help

OP I am not a lawyer but I'm going through a divorce right now. My solicitor is a member of Resolution and he put me in touch with a specialist Lawyer-Mediator to negotiate finances. Since April 6th this year this became law as I understand it. Here are the notes I took from the conversation I had with the Mediator before we set up and assessment meeting between me and my STBXH. Hope it helps.

Q. WILL YOU ADVISE ME ON HIS PROPOSALS AND ON WHAT TO ASK FOR?
A. NO ? NOT 'LEGAL' ADVICE IN MEDIATION

Q. WILL YOU POINT OUT POTENTIAL GAINS AND LOSSES FROM CHOICES TO BE MADE?
A. NO ? MEDIATION CAN?T SAY I?D DO BETTER OR WORSE IF I WENT TO COURT BUT CAN COMPARE SHORT TERM/LONG TERM BENEFITS OF ACCEPTING PROPOSALS
Q.WILL YOU TAKE INTO ACCOUNT HIS GREATER EARNINGS COMPARED WITH MINE AND ADVISE ME ON THAT?
A. YES IN TERMS OF MEETING OUTGOINGS AND RESPECTIVE MORTGAGE CAPACITY
Q. IF I WANT HALF HIS PENSION WILL I HAVE TO GIVE UP EQUITY IN THE HOUSE/PAY THE MORTGAGE MYSELF?
A.YOU LOOK AT ALL ASSETS OVERALL AND IF AN EQUAL DIVISION IS FAIR YOU?D BE LOOKING AT ALL DIVISIONS. THERE?S NO EXACT RULE TO MATCH LIKE WITH LIKE.
Q. COULD I GET WHAT HE?S OFFERING ON PAYING THE MORTGAGE AS SPOUSAL MAINTENANCE INSTEAD AND, GET THE HOME SIGNED OVER TO ME?
A. SHORT ANSWER IS YES, BUT THE MORTGAGE LENDER WOULD NEED TO AGREE FIRST.
Q.DO I GET HELP WITH THE FINANCIAL DISCLOSURE AND FROM WHOM.
A.DISCLOSURE IS PART OF MEDIATION BUT IF WE GO THROUGH IT AND HAVE QUESTIONS WE CAN PHRASE THEM LIKE ?WHAT IS THIS ETC? IF DISHONESTY IS SUSPECTED. ANY UNSATISFACTORY ANSWERS AND EITHER OF US CAN SAY WE?RE NOT CONTINUING WITH MEDIATION.

OTHER INFO:

MEDIATION DEALS WITH BOTH INTERIM AND LONG TERM SOLUTIONS

MEDIATOR WILL POINT OUT THE ECONIMICS OF CHASING COURT FOR THE SAKE OF A LITTLE MONEY.

RESIDENCE CAN BE DISCUSSED AND I CAN EXPLAIN DD?S VIEWS. IF NECESSARY SHE CAN BE INTERVIEWED BY A FAMILY FRIEND AND HER VIEWS BROUGHT BY THEM TO THE MEDIATION.

Sorry long post because of capitals.