The court will not get involved in marital finances including the sale or nonsale of the house unless you have started divorce or legal separation proceedings.
If you want to know how to do that, I’m happy to send you my do it yourself guide. In respect of children you would need to apply for a Child arrangement order.
Here is the link to the Government webpage on Child Arrangement Orders.
There are lots of different Child arrangement orders.
They can include:
A Contact Order which specifies when parent sees a child,
Residence Order to determine who your child lives with,
Prohibited Steps Order to prevent a parent doing something with the child such as moving away
Specific Issue Order to allow a parent to do something specific with the child such as moving away.
Please note that before rushing off to court you have to have tried mediation first, even if it fails
As part of the divorce process, it is always a good idea apply for a financial order:
Which draws a line under the finances of the marriage and prevents either of you coming back to the other, in some years time, asking for more money if circumstances have changed (the lottery?).
With regard to staying in the house, 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.
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.
So ever sale of the house is not on the cards now, he’s going to have to wait another 12 years until your youngest reaches 18. You are in a reasonable position therefore to offer a knockdown price to buy him out because he either takes the knockdown price now or wait another 12 years to get what would probably be 40%. That depends of course upon you being able to raise the money.
He is responsible, if he is not living with the children, for child maintenance at the CMS rates which are here
Do read the whole document but the basic rates start at the top of page 18.
Child maintenance is reduced by 1/7th for each 52 nights that the non-resident parent has the children.
There is a possibility of a liability for spousal maintenance, maintenance paid to keep a spouse , as opposed to children. Although most commonly paid from husband to wife, that is not necessarily the case. Spousal maintenance is based on both incomes, ability to earn money, previous lifestyles and most importantly, need. It is not about equalising incomes. There is no exact formula, but these links will give some reading..
And here is an interesting and informative article with regard to the division of finances in general (don't worry about it no longer being updated)
And finally, here is an article what happens to inheritance in the event of a
Can I clarify anything else for you?
I am happy to answer any specific points arising from this.
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