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Can ex force me out of the marital home?

  • thojay
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27 May 24 #523149 by thojay
Topic started by thojay
Hi
Just about to start mediation, I've asked for a 50% split, ex refuses and wants his pension to be ring fenced and also wants to include a set date that I need to leave the family home by. We own our house jointly. He is buying me out, I can't afford to buy him out. He thinks as soon as the money hits my account I will leave. I can't afford to rent locally on my own and he refuses to help me - I would gladly leave if I could! I will be able to get a small mortgage and buy a house using the money I get from our current house as a deposit. However this will take time. Finding something locally with enough bedrooms for the kids will be hard. It's doable for the budget but properties are limited. He has said he won't wait for me to find something suitable. Can he just force me out as soon as the financial order is completed? What if I have nowhere to go? Can he make me homeless?
I have no family locally, I could stay with my parents 200 miles away but it makes house hunting difficult and means I wouldn't see my kids during term time which would kill me. I'm just really scared about what's going to happen, what my rights are after the ownership transfers and what I can do to protect myself.

  • WYSPECIAL
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28 May 24 - 28 May 24 #523150 by WYSPECIAL
Reply from WYSPECIAL
Kids are staying in FMH with your ex?

You need to post more details of ages, incomes and assets.

50/50 is a starting point then it can move based upon need.

I’m sure he would love to ring fence his pensions! Chances of him doing so start at about nil but then go down hill rapidly from there.

Sounds like you are just starting the journey but you won’t be just forced out.
Last edit: 28 May 24 by WYSPECIAL.

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28 May 24 #523151 by thojay
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Kids are 12 and 10. The plan is 50/50 custody. Salary wise we earn roughly the same but his pension is much larger than mine as he used to be paid more, and I had time out with kids. Theres about £50k difference. He can buy me out the fmh because his mum is giving him the money. It’s not my choice to be the one to leave it’s just the circumstance we’re in.
I just don't understand what the process is once finances have been agreed. I obviously can’t stay in the fmh post divorce but I need time to buy somewhere else and he is currently refusing to accept this. Says he wants me gone asap but how can 50/50 custody work if i haven't found a house the kids can stay at? He keeps saying the fmh meets their needs so it doesn't matter where I am. I’m so stressed out and worried about this.

  • Endurance
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03 Jun 24 #523186 by Endurance
Reply from Endurance
I would recommend seeking legal advice, however, I went throught this (my wife asked me to leave the family home) and whilst you are still married and jointly own the marital home he would need to get a court order if you refuse to move out. In my case we remain in the family home until settlement.

www.citizensadvice.org.uk/family/if-you-...g-to-make-you-leave/

  • hadenoughnow
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09 Jun 24 #523220 by hadenoughnow
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If there are children to consider, the priority is secure and stable housing for them with each of you. If selling the FMH and dividing the capital would allow you both to rehouse appropriately, that is what should happen. 50:50 is that start point. How it ends up depends on a range of factors.
pension sharing is not really negotiable unless some pension entitlement is traded for a bigger share of capital now. The Pensions Advisory Group Report 2024 is worth reading. This underpins how pensions are treated. In essence the entire pension fund should be shared to give equal incomes in retirement. offset calculations can also be done if trading capital for pension if an option. Depending on the size and type of the pension you may well need an actuary to do the calculations.
It's worth getting a legal opinion and perhaps some help with the process to assist with negotiations. You may want to look at the services offered by this site.

Hadenoughnow

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11 Jun 24 #523229 by JCIMS
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Please get legal advice immediately - even if it's just an initial consultation. Don't put it off! It'll be the best £250 you'll ever spend, from the sounds of it I think he's trying to take you for a fool.

If £250 sounds like a stretch, you may qualify for legal aid or at least help with mediation costs.

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