Husband has moved out

[PickledMoomin]

I know I need to see a solicitor, but I was wondering if anyone had any idea about what I should do next.

We were together 8 years, but have only been married for a year and a half. We have two children.

H had started to buy the house a long time before I moved it. My name is not on the mortgage, and I've only financially contributed when I've been able to because I've mainly been a SAHM. I don't know whether I should be asking for a house sale (would I be entitled to anything?) or whether I should remain in the house.

It's a large house, in an expensive area. I'm not sure I'll be able to run the house on my part time income.

I've never been entitled to tax credits, but I'm assuming I would be now. I'm also assuming he will have to pay maintenance for the children.

Any help gratefully received.

Generally speaking he will need to pay 20% of his net income in maintainance for the children.

As for the rest I wouldnt know.

Is it better if you can avoid going through CSA?

It depends. He could be more generous.
You can always go through CSA if he messes up.

Would I use their website to get a rough idea of what he would have to pay?

Does anyone know anything about the house?

Yes, you can use their simulator.

I'd ask the solicitor about the house, as it may depend on finances.

If you were living together for a long time before you got married, the court will sometimes look at the relationship as a whole, and not just measure the short length of time you have been married. So it is quite possible that the court would determine the split of assets based on you being together for 8 years, which means you would be entitled to a larger share of the house than if it was just 1 1/2 years marriage.

You will need to see a solicitor. I assume you cant buy him out, and would be unlikely to be able to pay half the costs of living in the house, so selling it would probably be the only viable option with you getting a certain amount of the equity as you were married. I doubt you would be entitled to half the equity (that is if there is any) as it was an asset bought before the marriage.

Yes you will need to see a solicitor but have a good read of this first - especially the "Where do I begin?" post.

By the way, if you were cohabiting prior to the marriage it all counts.

Thanks the the advice, links etc.

There is about £300,000 equity in the house. I wouldn't be able to afford to buy him out. I also don't think I'll be able to afford to stay here without returning to work full time, and that would not only mean the the DCs spend less time with their father but me as well.

I'll have a good look at the links provided now.

Have a good read, I hope it will put your mind at rest. The point about fairness is that you should both come out of the marriage on a fair footing. Your reduced income, reduced capacity for a mortgage, loss of earnings etc is all taken into account. Your contribution to the marriage through the unpaid work you have done raising a family is recognised.

That's why you are entitled to argue for a greater share of the assets.

When you've read and digested, get thee to a specialist family lawyer sharpish. Forget about the expense, consider it an investment in your future.

Come back and let us know how you get on - and feel free to PM me if you like.

Thank you for your kindness. I'm going to see a solicitor in the new year. New year, new start and all that.
I'm already feeling so much happier, and the children seem very settled so far.
Thanks again for such an informative page.