My husband of 18 years and i are getting divorced. where do i stand with the house and kids?

rodregos

Hi
Don't worry,as far as the children and the house go,provided you have not been a bad mother the courts will automatically in the uk give the mother custody of the children,and all the time your children are in full time education you and the children can stay in the marital home your husband can not force a sale on the house, but if the mortgage payments are not met then the property may get repossessed,but then the local authority would have to house you,i know been there worn the t/shirt

Jasper

depends dose he have any advantage over the childern if not and you have any advantage over him say he has drinking problems you would get the children but if you are equal the children will diside

Kira J

well if your hubby wants to take custody of the kids then he will have to seek a solicitor and of course you have to get one also but once you hit the judge he/she will in 99.9% of cases grant the mother custody of the kids and the father to have contact with them, this is as long as you have serious problems such as alcoholism, drug abuse, etc.

so you will be left to live with your kids in the house but once the kids grow up you will either have to buy him out or sell up and split the difference.

law says you do not have to sell up until th youngest child reaches 18 or starts full time education.

Logana

Depends where you live but generally property is 50 50. As for the kids well the 16 year old can choose where they live and usually the Mother gets custody anyway.

I am so sorry this is happening to you, the stress must be terrible.
Can you get a lawyer and talk to them about your rights and entitlements?

skuleathome

If you are in the UK what usually happens is that the Dad continues to pay the mortage on the house, and the children live with you until they are out of full time education. Then it's time to think again. Normally Dads seem to see their children every alternate weekend. It depends on your situation though really; if he has gone off with a younger woman as is usually the case in marriages of this length, the children will probably not want to stay with him and her every other weekend and he will have to make other arrangements.

Good luck with everything; I hope it all gets sorted out amicably, for the sake of the children.

wheelieman

if your mortgage is in joint names then you both have claim on half the
house, if it is one of your names then one of you will want to be
looking for some where to live, the children as a rule go to mother
unless she has a problem, and father is given access to them,
try not to get bitter my sons marriage has just failed and it has
got very nasty

AKAO4D

This one is for the professionals. Call Legal Aid or an attorney. You could also call child support court to speak with someone to get you started. Hang in there its gets better.

RAINBOW

sorry to hear this honey, I would advise you and the children to stay in your home,your husband has to contribute by law for his children,if you work you can claim working tax credit and child tax credit good luck to your happy future

Dawn Ireland

My husband of 21 years had an affair 4 years ago which I found out about, but we decided to give it another go. However he now says it not working and he doesnt want to stay with me. We have 2 children 15 & 12 I want to stay in the house but he says I will have to buy him out or sell and split 50/50. Do I have to buy him out and is he entitled to 50/50?

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