what rights do i have?

[dee1234]

my marriage has just broken up but the mortgage is in his name,he wants me and our son out but where do i stand in this situation? he pays everything as i have been the one looking after our son,any help anyone? thanks,Dee.

[mrs_overall]

You say the mortgage is in his name, but are the deeds in his name only or joint names? Even if the house his in his name, he can't throw you out as the house is classed as the marital home, and is also the home of his son.
You need urgent advice from a solicitor. You are entitiled to a free 30 minute consultation with a solicitor and it sounds like you may be eligible for legal aid.
Good luck.

[donn1901]

you are the mother of his child. you have rights presuming u moved in from day one u have many rights. take legal advise asap i am buying a property with partner and have 2 kids together the mortgage is in his name i have researched and have been advised no matter what i wont be forced ot and can keep the property until the days the youngest child turns 16 go girl teach that man a leason. look at the facts and legal advice and stick to ur guns

[MrsJ1]

Try the Citizens Advice Bureau - their number will be in the business section of your phone book. They will be able to put you in touch with a solicitor and can give you some practical advice in the mean time. Good luck

[emlett]

you need to get a notice of matrimonial homes rights put on the property - a solicitor should help you with this and yes you do sound like you will qualify for legal help. If you are not working and are lookingafter a young child, he has a responsibility to house the child and you until the child is of age. You will be able to claim spusal maintenance and child support as well as a good share of the house. He can't throw you out but also, you may find it difficult to get him out unless he is violent.

[scorpious123]

you say he wants you and your son out, be carefull go see a solicitor he will make it very akward for you if he wants to if he is paying everthing he might decide to move out and hand back the keys to the morgage company if he cant get his way and then you are out

[Whoever]

Do not leave the marital home under any circumstances. Stick it out and see a solicitor as soon as possible.