out so that me and the children can stay in the house, if he changes his mind can be forced to leave following the seperation or final divorce?
2007-01-26 17:57:17 · 5 answers · asked by michelle c 2 in Family & Relationships ➔ Marriage & Divorce
I should add, I need to know under English law.We are secure council/local authority tenants with no lease renewal, it's permanent.We do not own the house.We claim welfare benefits which pays most the rent and also means he will be forced to pay child support upon divorce and that we will get legal aid for the solicitor fees.
2007-01-26 19:49:01 · update #1
No, not unless it is stipulated in the seperation agreement (which it should be), Marital assets are split 50/50. If he wants to stay in the home he will have to buy you out of your percentage first. That will mean that you will have to move but with the capital you get from him purchasing your percentage you should be able to find other accomodations.
2007-01-26 18:04:33 · answer #1 · answered by Anonymous · 0⤊ 0⤋
Michelle, if you have a house there may be some equity and it can pay for an attorney...who will give you better advice than you can get here. If you and your ex are joint tenants you both have liabilities and duties that are pretty well defined. You need to know them. One procedure is for the house to be appraised, a value placed on his half, he moves out and you promise to pay him his share, plus interest, when you sell the house. But these are complicated transactions and you need legal advice. Get it.
2007-01-27 02:06:37 · answer #2 · answered by judgebill 7 · 0⤊ 0⤋
seeing that both of you are joint tenants do you have a lease with the landlord and if so is your husbands name on the lease first or is yours on it first.yes this does matter because whichever one of you is on it last,will be the one who has to move out and will get into trouble with the landlord for breach of contract before the lease is up for re newel.now if both of you are tenants at will (without a lease) then the landlord will need to know about the separation.
2007-01-27 02:12:07 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Depends, if you own the place; if you don't then you should be able to stay but you will be 100% responsible for the rent each month. If you own the house then he has a right to half which will mean you'll have to sell and split the profit.
2007-01-27 02:19:17 · answer #4 · answered by Countrygirl 5 · 0⤊ 0⤋
Are the kids his ? If not, You better get a job ! Don't expect any hand-outs ..
2007-01-27 02:02:04 · answer #5 · answered by Anonymous · 0⤊ 0⤋