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house and child, can we stay if seperate

  • wicket
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06 Mar 08 #15987 by wicket
Topic started by wicket
we have joint mortgage, son aged 8, can we stay in house if husband insists on seperation.

  • mike62
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06 Mar 08 #15990 by mike62
Reply from mike62
I take it from your question that you mean that you expect to separate but wish to remain in the house for financial reasons and become separated, as a precursor to eventual divorce by mutual consent following 2 years separation?

If that is the case, then yes you can. However, you should not cook, eat, wash (laundry ;)) or sleep together.

Be under no illusions though, it is emotionally very tough living separately under the same roof.

Depending on your circumstances (i.e. his and your incomes) it might be more appropriate for him to move out. Assuming that you are the parent with care for your son, your son's housing needs are of paramount consideration in the eyes of the law, and if divorce proceedings were commenced, this would be a siginificant consideration.

Perhaps if you posted up a bit more background to your question, you might get a more informed answer.

Best of luck


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