The property is worth 500k with a mortgage of 400k, no other assets other than what is in the household all the furniture etc. We have been together for 20 years, we both earn the same amount of money and contributed the same into the house. We have six children aged 17, 15, 10, 7, and twins of 5. I have already left the house and am in rented now as i could not stay any longer, and he would not move out. does that mean i have given up my right to the house?
Relax. You have just as much right to thehouse all the money that then it regardless of whether it is in joint names ornot, and regardless of whether you are currently living in it or not, andregardless of whether you moved out or he moved out, or why. The financialdivision will be exactly the same. The court does not apportion blame. Withregard to financial matters. So if it is completely your fault that themarriage has failed, you do not suffer any financial penalty (or vice versa).
Unless you want to continue to live in theproperty and as you appear to be having joint residence of children, it islikely that the property would be sold and the proceeds split 50-50.
Youshould try to resolve matters using family mediation http://www.familymediationhelpline.co.uk/find-service.php
Althoughit is quicker and less confrontational than court it isnt necessarily cheaper.
Themore you can agree between you, the less money, you have to waste onsolicitors, although it is always as well to get what ever you agree, put intoa consent order and sealed by the court to provide certainty.
Does that answer the question?
Can I help further?
thank you that does help. One further question i have is that we are failrly amicable at the moment, and I am prepared to keep the house on with him, because I do not want the children to go through any more sadness. I am already in rented so i see no benefit of making us sell the house at the moment. Obvioulsy half of it and its contents are mine, should i have something written by a solictor to say that it is all half mine and he can stay there until such time that either one of us want it sold?
Your financial interests/equity in the houseremains although an agreement now will save (hopefully) arguments later.However, the financial split is the same whether you put it into an agreementnow or not.
You are not responsible for the mortgage or thebills of a house that you do not living although you remain liable to thelender if he stops paying.