How do you leave when divorcing but no money?!

[Walkinganywhere]

I'm divorcing my stbex.
However, I have no savings, no close by family and we have 2 children. I cannot afford to move out and too much equity in house to get UC if I do. He wont move and is refusing to sell te house.
I really need to leave for my mental health but can't just walk out on the children as that will affect theirs.
Just feel so stuck. Any advice from anyone would be great!

Do you have a job ? Have your wage and child benefit paid into your own account.
Do you both have private pensions ?
Ring around family solicitors to get a free first chat, they do exist.

And you can go to court to force the sale of the house. Have you thought about filing on line to show him that you mean business ?

Forcing a sale of a house through courts is very expensive process and now you have to go through mediation which is not free. “Just filing online to show him you mean business is terrible advice” if you are serious about divorcing then you need proper legal advice.

I’m not sure all your assumptions are correct. I was entitled to benefits while living under the same roof as my ex in a house with lots of equity (£500k+) because I’d been a SAHM with a husband who at the end stopped my access to any money at all to feed/support our two DC. I phoned and they were sympathetic and helped me. We cohabited for several months before he eventually moved out - after I started divorce proceedings. We eventually sold the matrimonial home as part of the divorce agreement, I went back to work and am now financially independent.

It’s horrible feeling as trapped as you do - but there is a way forward.

I got UC including the element for housing costs, when I moved out of the family home.
You should look into that again.

The equity in the family home won't stop you getting UC. Unless you sell and have the money in your savings.

That's really useful. Not how I've interpreted what I've read. I need to find time to speak to someone who deals with this. Thank-you. UC would mean I could afford to rent something

Yes, part time job. Paid into my own account. Yes, I have child benefit paid to me too.

I work part time. Equity is around £350K.
I've already filed but he is adamant he isn't selling (jointly owned property).

Just feel so stuck. Been in separate bedrooms for over a year. It's just frustrating.

He will have to sell, unless he can give you your half to buy him out.

That's what I've told him. He's adamant he won't sell but no way he can afford mortgage on half the house. I really don't want to push this through court as a judge will say it has to be sold. But may have no choice.

Money from the sale of a house isn’t counted as savings for a period of time as long as you intend to use that money to buy another house

So I could essentially get UC to support my income and rent? I would have to use all proceeds of my share of the house sale towards a house and get a small mortgage to buy a house equitable for myself and children. In the meantime being able to move out and have the children with me means we can get our childcare arrangements in place. He thinks he can do 50/50 but I can't see how that will work and I also work Term time only in one job and flexibly home based, non client facing, in the other.

It will cost him to go to court, and he will have to sell. It’s a no brainer, but he’s obviously trying to control you.

This is pretty much exactly what I did.
We did end up with 50:50, and it works well for us.
But yeah, I moved out and rented until we divorced and in my case he bought me out of our home.
I also used it all to buy, much more modest home, but oh so worth it!

Further info I've gathered suggests that I can't get UC if I move out as there is over 16K equity in the house. But if he moves out and I stay there until sold I can get UC...as I potentially can even living in the same house together. Makes no sense to me at all.