<div dir=”ltr”>Does anybody know what the current law is regarding when a couple separate. They have four children aged five to fourteen, the wife wants to stay in the house, the husband wants to divorce, to sell up, split the equity, and move on. Friends have said she should be able to stay in the house until the youngest is eighteen, provided that the mortgage and bills are paid. Others are saying that no longer applies. Even their solicitors’ seem to be not very helpful. What happens if the wife refuses to sell, property in joint names, and just stays put.</div>
It depends on the situation. There is no automatic right to stay in the property.
how big is the house? I had a 4 bed. When my ex left it meant 2 of us were in it. I was advised that a court would make us leave the property as it was too big for our needs. Extra galling considering he was the one who cheated and then left us for her. So house size compared to need is a factor.
additionally, equity in the property counts. You’ll need to split it so you are both able to move on and accommodate yourselves and the children.
is he planning on having any contact with the children? Technically, even if he has them for a handful of nights a year, he is meant to be able to accommodate them the same as you!
Would you potentially be able to buy him out of his share?
mid he wants to be kind he might go with keeping a charge in the property until the youngest is 18 but it sounds like he’s not up for that. Another option is keeping a charge until you have more bedrooms than children living at the property and by that I mean under 18s and not adults.
id strongly suggest getting a solicitor to discuss it with.
my ex lied his way through the process so we ended up having to leave our home and he now lives in a larger property than we do and he only has our child a handful of nights a year. To top it all off, I was paying for his girlfriend to live in the home he made us leave!!! So there is no such thing as wife rights!