Thank you for your response.
I am very sorry to hear about how your husband has been treating you.
In respect of Child Maintenance – whilst I note that you are both caring for a Child each – I also note that your husband has a significantly income than yours. It is the Child Maintenance Service that has jurisdiction in respect if what maintenance should be paid and the calculation that they do is based on income. Whilst you will be liable to pay child maintenance for your son if he is living with the father, the father will also be liable for child maintenance in respect of your daughter who is living with you and if his income is significantly higher than yours – then he will have to pay more. You therefore need to make a claim to the Child Maintenance Service so that they can calculate what your husband should be paying.
In respect of the matrimonial finances – I am glad to hear that the house is in joint names. I would not suggest that you agree to selling the house until the correct process has been followed in respect of the matrimonial finances. That being the first step is that your husband and you need to exchange full and frank disclosure in respect of all assets and liabilities. This needs to happen before discussion can take place about division. As your income is less than your husbands – you need to be arguing for a larger share of the equity – around 60% is not unusual.
If mediation hasn’t manage to resolve matters than you need to be applying to court using Form A for a Matrimonial Finances Order. You can also ask the court to consider the position of interim maintenance whilst matters are being resolved.
Its not in your husbands interest to let the mortgage go into default as this will impact on his credit score also. You should not sell the house and divide the proceeds until the correct process has been followed – if you do not do this then you are likely to be simply selling yourself short.
Legal aid might be available to help you in you have suffered physical, emotional or financial abuse in the last 5 years from your husband and you qualify in respect of means. You need to get specific evidence for this. Let me know if this applies to you and I will provide you with further information.
Let me know if I can help you further.
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