Unless a sale of the house produces enough money for the parent looking after the child(ren), the resident parent, until the youngest reaches 18 and produces a surplus for the non-resident parent, the sale of the house is not on the cards until the youngest child reaches 18.
Both parents are under a duty to provide a home for dependent children until they reach 18. Only then would the house be sold.
My advice is: stay put.
If the house is not in joint names, A non-owning spouse needs to immediately register a Matrimonial Home Right Notice against the property.
It will stop the other spouse spouse selling or remortgaging the property.
The form to send to the land registry is here:
the owning spouse spouse will get notice of the application but cannot do anything about it if this is the matrimonial home.
The application is free.
It is the matrimonial home and it doesn’t matter whether it’s in one sole name or the other sole name or joint names, each spouse has the same financial interest in it.
The name on the deeds is irrelevant if the couple are married. It may not necessarily be 50-50 because that depends on a whole variety of different facts such is the needs of the parties, the length of the marriage, needs of children et cetera.
That only applies in respect of your name on the deeds, if you are not on the mortgage, but you are on the deeds, leave it as it is. Nothing to do.
A person is not responsible for the mortgage or rent or the bills of a house that they do not live in although they remain liable to the lender or landlord if the other person stays in the property and doesn’t pay the mortgage or rent.
In that case, the non-occupier would be entitled to recover any mortgage or rental payments made by the non-occupier, from the occupier within the finances of the breakup of the relationship/marriage.
Can I clarify anything else for you?
I am happy to answer any specific points arising from this.
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