Selling a house in a divorce

[Paxton74]

Me and my husband have recently separated and we need to decide what to do with the house. He wants it to be sold to get his half of the equity and I want to stay in it with our 12 year old son until he is 18 and leaves high school and I will take on the mortgage but can’t afford to buy him out. Does anyone know what my chances are and would a court need to decide? Thanks

I wanted to stay in the family home with DCs and had to buy out ex. Obvs that's only my experience. I can understand why your DH wants his half of the equity, as it's his and he also has to live somewhere.

Its impossible to say as there is very little detail in the post. Best we can do is give some context.

Essentially you want a mesher order. These are awarded in circumstances where the resident parent could not afford to house themselves and their child in the local area. Generally due to a lack of capital and a low income that cannot be improved. Then a court can defer the release of the other parties capital from the property. It’s worth noting that a mesher order does not necessarily apply to a family home. It could still involve a move.

An effective counter argument in court would be for you ex to produce evidence of affordable local homes. In this case a two bedroom flat that you could afford to rent or buy based on your “maximum” income.

You have to remember that he will always own 50% and that’s the share you have to give him in six years time. Even though you pay the mortgage.