The court will not get involved in marital finances unless you have started divorce or legal separation proceedings.
It doesn’t matter whose name the house is in, you are married and therefore his financial claims exactly the same whether the houses in your name or his name or both names.
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.
You have a five year old child and assuming the child is going to live with you, then the sale of the house is not on the cards until the charge reaches 18, another 13 years.
Whilst your husband may get 40/50% in the 13 years, he may not want to wait that long and that gives you some leverage to pay him off with a much smaller amount now. Small amount now or 50% in 13 years? A good negotiating tool.
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