Should i leave the house?

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  • #30809 Report



    i’m going through divorce, it’s amicable and we’ve agreed on almost equal parenting agreement and to some extent on finances. The result of divorce will eventually be that i will leave our house and rent while my spouse stays there.

    My spouse keeps asking me to leave, but i’m not sure on my rights. I know that in divorce you sign a consent order to confirm money etc, so it feels like I should do that before I leave so i understand how much money i have and have something official about parenting agreement.

    if i leave now it feels like a huge leap of faith as i just dont know what i’ll have to live on with the children and nothing in writing.

    has anyone else been in this situation? Really confused about what to do

    thanks everyone




    #30818 Report


    Why are you leaving? As you have the children. He can’t make you leave. Is the house mortgaged or rented? In both you names?

    #30820 Report


    I am in a similar situation although no pressure to leave yet. The challenge we have is getting a true valuation of the marital home as the estate agent valuation vary considerably.  My understanding is that everything is in the mix however the primary concern for the courts will be the children. They will need to have a roof over their heads and that will come first irrespective on whether you leave or not. So I don’t think it really matters whether you leave or not especially if this remains amicable as the clean break order will detail how your assets are split. The key message is to stay amicable as the costs involved are significantly higher if not and if you have to leave to achieve that I would say that is the preferred option however only you will know what is best,

    #30827 Report

    Hi there

    I’m one of the moderators here.  Please don’t forget that our website has information pages and factsheets that may be useful for you.

    As you are still living at home with your children, you will be able to speak with one of our trained helpline advisers.  They may be able to help you explore your options.  They are very busy so get a cup of tea ready for when you are waiting to be put through but all calls will be free.

    Hope that helps,  Justine

    #30861 Report


    Are you on the deeds to the house. If so you have both equal right to live in the house. And if you are selling the house you’ll contact your mortgage lender and tell them the situation and how the money will be spit so your money will come to you and not your partner….I think I’m going through a similar thing and not to sure myself but this is what I think…

    #30864 Report


    I too am going through a separation.  My husband has moved out to his parents leaving wife and child in the marital home.  He is on the Deeds of the house and I(wife) has only recently registered my rights as an ‘interest’ in the house.  Despite putting huge finanical payments into the house he denied that I should be on the deeds.

Viewing 6 posts - 1 through 6 (of 6 total)

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