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I'm hoping to get some advice about what happens to the family home when divorcing.

 

My husband and I are getting divorced. when we bought our house, I put the deposit down yet the mortgage is in his name only and I am not on the title deeds however I have got home rights. We both want to live in the house and this is causing some arguments. He has a daughter from a previous marriage that stays with us 4 nights a week and i have cared for her since she was three, the rest of the time she is with her mum, we also have a son together and I am his main carer.

 

I need to know how realistic it is that I could stay in the house with my son. I will have him 5 nights a week and would like to keep the continuity for him as this is his only home. My husband wants me to move out and rent somewhere saying I would not be able to pay the mortgage whilst it is in his name and it couldn't be transfered to me as it would be means tested and I wouldn't get a mortgage in my name because I don't earn enough. I work part time and will be receiving benefits to help living costs. I believe that I would be able to afford to stay in the house. I don't know how the court would decide on this if it went there.

 

Any help on this would be great. Thanks.

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No idea of the laws where you are, but can you get some free legal advice?

You should be compensated for your deposit and be paid out of your share of the home if you shift out, then maybe you could afford to get a smaller place for you and your son.

Please find a lawyer before you agree to anything.

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My husband wants me to move out and rent somewhere saying I would not be able to pay the mortgage whilst it is in his name and it couldn't be transfered to me as it would be means tested and I wouldn't get a mortgage in my name because I don't earn enough.

 

If you don't earn enough to qualify for a mortgage then you chances of keeping the house are slim to none. On the other hand, if he already has a mortgage in his name only and his the only name is on the deed, then nothing else has to happen for him to stay. If the two of you have equity that was earned during the marriage then you'll probably be entitled to half.

 

It's hard to say about the down payment. If that money was yours before the marriage and you can prove it, then you might get it back.

 

It depends on the laws where you are living, and a lot of details that we don't have. But being able to get a mortgage is key. How long were you married?

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I am assuming you're in the UK from your username.

 

First - don't listen to your husband for financial or legal advice! He does not have your best interests at heart.

 

You need to speak to a neutral professional. That means a specialised family law solicitor. They are very easy to find, just google for them in your area.

 

In the UK it doesn't matter whose name the house is in or who is named on the deeds or the mortgage. It is a matrimonial home and the house and all other assets are considered marital property. Everything is divided in one ruling (called a consent order if done by mutual agreement or a court order if decided by a judge). It's not possible to say "who will get the house" without looking at all the other marital assets and liabilities as part of the big picture.

 

It all depends on many, many factors. Length of marriage, number and ages of kids, value of house, mortgage size, your respective incomes and/or earning capacities, other assets such as 2nd properties, savings, pensions, inheritances, debts such as credit cards, loans, child maintenance payments or spousal maintenance to ex-spouses, etc etc etc.

 

So as I said, the best thing to do is see a solicitor who can tell you what you're likely to get. The initial consultation is FREE and you have no commitment to retain the solicitor if you don't want to. You can get a lot of information in the free consultation so it's really really worth doing it. In fact you can see 2 or 3 or even more solicitors for FREE to get some different views.

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