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trying to keep the matrimonial home

  • soon2be
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12 Mar 08 #16620 by soon2be
Topic started by soon2be
Hello, my situation is this. I am divorcing my husband for unreasonable behaviour. He refuses to leave the matrimonial home until the finances are settled. The house is mortgaged and in joint names. We have 3 children. My husband has amassed credit card debts/loans of £25k, unsecured in his name only. He wishes to sell the house to release equity to pay his debts and start afresh. I wish to stay in the property with the children. He earns 4.5 times more than me and we have been married for 16 years.If he pays me the CSA rate and standard Spousal support rate I believe i can afford to pay the mortgage and remain in the house.Firstly what are the chances of me kepping the house against his wishes and also if that is possible -at what point will he have to leave the property?

  • Fiona
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12 Mar 08 #16626 by Fiona
Reply from Fiona
The stability and security of the children is a consideration and unless the former marital home is much larger than required or there is a lot of equity courts are unlikely to order the house to be sold as long as you are in a position to pay the mortgage. Although the welfare of children is a priority it isn't the only matter to consider. Try searching s25 Matrimonial Causes Act 1973 on this site. There is no standard spouse support. The usual legal advice is not to leave the FMH until a financial settlement has been reached.

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