Hi, thank you for your question. Just a bit more information required to fully assist you:-How old are you both?-What are the proposed arrangements for the children?-What is the value of the property, and what is the outstanding mortgage?-Whose name is ***** ***** in?-What other assets and pensions do you both have (both sole and joint), together with values?-What are your respective incomes?
Thanks for confirming. What is his income and are there any other properties or assets?
What is the value of the property and an approximate mortgage amount when the home was purchased?
Thanks for confirming. Given that you have no capacity to rent elsewhere and if you left the home you would be found intentionally homeless and the local authority will unlikely accept to assist you. You have a right to remain in the home and if you present yourself as the main carer of the children and are able to meet their day to day needs you would have good argument to remain in the property for their benefit to the exclusion of your husband.
If he leaves you would be entitled to claim child maintenance (either voluntary or through the CMS) and this is based on his gross income and how often the children stay overnight with him on average. You would also be entitled to seek spousal maintenance to cover your reasonable needs, but would need to demonstrate that you are maximising your earning potential either through employment or benefits.
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