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Ask Clare Your Own Question
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 35044
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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My husband and I have been married .5 years and have 2

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My husband and I have been married for 2.5 years and have 2 children together. When we got together I owned my own house (mortgaged). Last year I sold that house and used the equity from that property and some money my late father left me in his will to buy a new property which we jointly have a mortgage for. My husband contributed nothing to the deposit and I pay the mortgage (he pays most of the utility bills) and own virtually everything in the property. I am considering starting divorce proceedings (irreconcilable differences) but am worried where I will stand legally with the property as he has already made it clear he has no intention of leaving. My concern is that if I leave with both of the children I will lose the house completely.
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Which part of the Uk are you in?
How much is the house worth and how much is outstanding on the mortgage?
How old are the children?
what other assets are there and what income do you each have?
Customer: replied 2 years ago.

I am based in Suffolk. The house is worth approx £160k with mortgage roughly £120k. The children are 3 and 6 months. There are no other assets. He earns £22k plus bonuses. My salary is about £10k as I am part time to look after the children

I assume that in the long term you wish to remain in your home with the children?
Customer: replied 2 years ago.

Yes that is the case but I am concerned that if I leave the property with the children I will lose my right to return but if I stay and ask him to leave he will refuse to do so. I am also concerned what will happen to us (me and the children) and the property should he wish to fight for it

If you decide to leave with the children to protect them from the situation then you will not lose your right to return there whenever you wish to do so.
If there is a dispute about which of you should be allowed to remain in the property and the matter has to be decided by the court then then the priority is the housing needs of the children which means that you will be able to stay there until your youngest child is 18 before your ex could force a sale of the property,
Indeed even then given the financial contribution that you have made even then it is unlikely that you will have to make anything other than a token lump sum payment
I hope that this is of assistance - please ask if you need further details
Clare and other Family Law Specialists are ready to help you