Will I lose my house if I leave my husband?

[LyndaMorris]

My husband & I bought our house 6 years ago before we were married as a council roght to buy. I pay the mortgage, electricity, and 90% of food. We have 5 children aged 9 to 18. I wish to seperate but he will not leave. If I leave will I jeopardise my chances of getting the house?

[dot.hawkes]

the person who will be looking after the children will stay in the house . It is their welfare that comes first i think.

[sleepyj]

not true you could be made to sell it ... you need to talk to some one that can help you good luck

[Stu Dent]

Part 1:

The house will likely constitute 'matrimonial property' and, in any divorce settlement, that property will be divided 'fairly' by the court. What is deemed a fair split will depend on all the relevant facts and circumstances.

You may have paid all the bills but why was this? Does your husband look after the children and, following separation, will the children remain with you or your husband? These factors (amongst many others perhaps) will affect what the court considers to be a fair split - which is not neccessarily 50:50 - and in most cases won't be a 50:50 split.

If your husband has possession of the house and you move out and find somewhere else to live, you will have proven his case for him that you don't need that house to live in, because you have demonstrated that you can, and have, found somewhere else to live, and he hasn't. Therefore the most likely outcome is that either he would have to purchase your share of the house from you or, the court makes an order for a division of sale - the house is sold and you get what the court deems to be a fair share. But, and this is very important, there might be a sting in the tail.

[Stu Dent]

Part 2:

At what point is the matrimonial property valued? Well, certainly in Scotland, matrimonial property is valued at the 'relevant date' (the point of separation). I would suggest that you have already reached the point where you have separated even though you live in the same house. The question here is: do you cohabit or not? do you still have a "relationship"? If yes, you have not yet separated and will only separate once you move out.

It is important because the house might be valued at 100k when you both separate, but may increase in value and be worth substantially more once you actually divorce and the matrimonial property is divided. You get a fair share of whatever the matrimonial property is worth at the relevant date, (when you separate/cease to cohabit), not what it's worth at the date of divorce.

[Stu Dent]

Sorry, I forgot to add the conclusion:

If by 'getting the house' you mean regaining possession after the divorce, I think your chances are slim at best. If you mean not getting a share of it's value because you have moved out then no. But of course, although you get a share of the value, that share is valued at the point of separation. If house prices increase then you will lose out.