I am currently divorcing, and live in FMH with the children. This was due to an occupation order in my favour.
I fully appreciate that the finances are going to take another 12months or so to sort. FMH is in my name (i know he still has rights on it), and there is no mortgage.
In order to get the school of choice, i need to be further into the catchment area (am just outsude at present)I have found somewhere suitable to rent (education office guidelines if renting need to prove have lived there for at least 3months)
Ideally i would like to rent the property, and rent out the FMH to help finance it. Am i right in thinking that I can go ahead and do that once i have the Decree Absolute? Is there anything else i need to be aware of? It is a high conflict situation and i am afraid if he returns to the property, i wont be able to get him out
1. If you only move temporarily in order to get into the school of your choice, and then move back, you may be seen by the LA as playing the system and have the place withdrawn. I believe that some are now doing this.
2. As far as I know, if he has registered a home rights notice then he probably has a right to live there if you move out. That won''t go just because you have the absolute; what matters is that the finances are sorted, as he may have a right to a share of the property (or the rent, in the meantime).
I think you probably need either to risk staying where you are and possibly not getting into this school, or find another school.
To clarify, i wouldnt be moving back again later; ideally i would sell, keeping whatever amount according to the settlement and buying somewhere else within the catchment area, as i have other children upcoming to high school. The current head teacher has already stated that it would not be in eldest child''s interest to go to a school different from peers in the circumstances.
I must have misunderstood, i thought that his claim to live in the property ended with the Absolute although he still had claim to the equity until finances sorted. Didint think about him having a share of the rent neither.
Other couples would agree to the move and then sort the finances, but this is so high conflict, there''s not a chance, and ultimately its the children who suffer. So frustrating!