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SASH_Law, Family Lawyer
Category: Family Law
Satisfied Customers: 3318
Experience:  LLB (Hons)
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My hasband has left the family home. We have two children 1

Customer Question

My hasband has left the family home. We have two children 1 and 3. He is currently living with his parents but is wanting to sell our house so he can buy his own house. The house is in both our names and I don’t want to move. What rights do I have to stay in the house and how long for?
Submitted: 15 days ago.
Category: Family Law
Expert:  SASH_Law replied 15 days ago.

Good afternoon to you, I'm Lea and I am going to assist you today.

To be clear, you are married and own the house jointly, and share two children?

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Customer: replied 15 days ago.
we are married and own the house jointly
Customer: replied 15 days ago.
Oh and yes two children 12 months and 3 years
Expert:  SASH_Law replied 15 days ago.

In that case, the only way that your husband can force you to sell the marital home is by divorce financial proceedings, and then only if he gets a settlement that permits sale.

The starting point in sharing assets in divorce is 50/50 - but each of you have a responsibility to house the children, so their needs will also be taken into consideration with any settlement.

But for now, he cannot sell the house without your consent as your signature will be needed. You can stay in the house until such time as a court orders it to be sold.

Customer: replied 15 days ago.
Brilliant thank you. He has also just sent me an email regarding the children’s care. He is asking for the children to be with us alternative weekends Friday pm to Monday and every Wednesday and Wednesday night. I’m shocked by this and very worried especially since my youngest has never been away from me. What would be reasonable for me to suggest to him? He hasn’t been a very hands on father and never looked after the children on his own over night before.
Expert:  SASH_Law replied 15 days ago.

If he hasn't been hands on, why not suggest that he starts with day time visits at first - e.g. collects them 10 am on Saturday and returns them by 3 pm - and then slowly extend it as time goes on and he becomes more accustomed to taking care of them.

Customer: replied 15 days ago.
I’d be much more comfortable with that. Do you think one day a week would be fair of me to suggest at first?
Expert:  SASH_Law replied 15 days ago.

I would say more frequently for less time is reasonable given the children's ages and build up to longer periods.

So perhaps three times a week for 2 hours for a couple of weeks, then for 3 hours, and once you are at 4 hours per visit, perhaps switch to two visits a week. It really is up to you to negotiate an arrangement that suits the needs and best interests of your children. If the two of you cannot agree you can try mediation - and if that fails the final resort is to get the court to make an order.

All the best to you.