House is worth 210, 000
There is 33,000 equity in the house
My child is 23 months old
My income is 29k per annum (part time) and his is approx 38k per annum (full time) (dependant on commission)
What do you mean by other assets? We have 2 cars so have taken one each. There is a loan out on one of the cars for 7500 that was taken out 10 weeks ago in my name.
All the bills in the house are in my name also as I looked after all the finances
I probably could stay and I have spoken to the financial advisor who told me to tell him how much I needed to stay. The problem I I think he wants to keep the house and have us move out. I have tried to explain that it will cost us all about the same amount for either me to stay and him to rent or the other way round. His response was, if I let you stay in the house what am I supposed to be able to afford. This is why I need a legal opinion as it looks like he is going to get difficult. I earn 1700 a month and the mortgage and utility bills alone come to 2000. Even with maintenance payments he will need to pay me additional money to keep it. Then his name will still be on the mortgage and he could pull the rug from under me at any time.
Apologies for the late reply.
A two bedroom property would cost about 150k.
On my salary I could probably afford this if I had the equity out of the house.
Sorry I dont understand. If we sell the property does that mean that my husband would not receive any of the equity until my daughter is 18?
Where would his share of the equity go?
Also, who would determine how much of the equity he gets? Does this mean it would have to go to court?
I have calculated the amount of maintenance he would need to pay and this might cover his payment towards the mortgage. Therefore if his name is ***** ***** on the mortgage would he then need to pay me the maintenance with the mortgage payment on top of this? Does that make sense?
Referring to my orginal question would you be able to confirm -
can i make him sell the house?can i make him give me half the equity?could he potentially just decide to move back in, even though we are separated and he is now with someone else?
If my husband decided he wanted a delayed sale, and he continued to pay half the mortgage, would his child maintenance payments be on top of this and also any other costs like half the credit card repayments etc?