Need advice quick please.

[NickRobinsonsloveslave]

After huge row this morning I packed a bag in order to leave. I have nowhere to go, so will have to stay in a motel.

Am not taking 3DCs with me as this is their home.

Should I leave or is this a bad idea? Should I just stay, tell DH that we are over, I am staying for the sake of the children. Sleep in spare room, cut all financial ties with him and claim benifits for me and DCs?

I have to pick up DCs from nursery soon and was planning to leave when I returned them home.

Advice please.

You need a solicitor for more specific advice OP. But to answer you above to the best of my knowledge, if you choose to stay and him leave, yes you would have to buy him out, but only probably for around 40% of the property (would depend on the settlement, it would all be part of the divorce). So you would remortgage, hopefully.

What you would do, roughly:
File for divorce - unreasonable behaviour, financial abuse!
Move to spare room and try and get him to leave, obviously - but if not, spare room and living together (awful but possible) until divorce and whatever you agree on house (either selling and splitting proceeds, or you buying him out).

If impossible to live with him, you could leave for a hostel or get a private rent, but that of course would be more expensive and stressful for the children - it would be better if he left, but he doesn't sound like the kind and reasonable type

It's all possible, and the end result will be that you are free of him, and will have the portion of his earnings that belong to your children actually coming to them. But, see a solicitor - free half hour at least.

I remember one poster here did live together apart BUT benefit agency only let her for a very very short time. She was moving out and needed the benefits all in situ first in order to claim housing benefit. That's the only reason. You would never get them paid whilst living with him still otherwise