husband wants a divorce and to sell house and busi

I am 40 and my husband 39. We have been married for 8 years and two children, one age 12 and one age 10 who is disabled. I got fed up of his cheating and called time on our relationship. He now wants a divorce and to sell the family home and a business which we are partners in. The business if sold will only return about 10,000 where as it is my life line and pays mortgage on house and shop. We pay £700 per month on the house mortgage. He doesnt want any ties with me and wants to sell the lot. Where do i stand and do i have to move out of the house or allow him to sell the business.

ballyboro,

Welcome to Wiki . Sorry you find yourself here - but hope it will make thing easier for you.

As far as your questions go ... he cannot force you to move out and neither can he sell the house. If the house is not in joint names, you need to register matrimonial home rights with the land registry. Whether you get to stay in the house will depend on how the financial settlement is worked out in the long run. Is the property adapted to meet the needs of your younger child? This will be a factor - as will their stability. Have a look for Section 25 of the 1973 Matrimonial Causes Act which sets out what is considered when finances are split.

The bad news is that you cannot force him to move out unless his behaviour is bad enough for a non molestation order to be appropriate.

I am not so sure how the business thing would work - but if it is your means of income - and is only worth 10k I wonder if you could just buy him out?? If you are partners I doubt he can sell it unilaterally.

If you look under property and mortgages, there is a post "read this before posting" which tells you the financial info we wd need to advise you further about the finances.

Hadenoughnow

Your respective ages;

The number of children you have and their ages;

How many nights the children spend with each parent;

The length of your marriage and any period of pre marriage cohabitation;

Your respective incomes;

Your respective outgoings;

Your assets - both soley held and joint;

Your liabilities.

Your respective ages; ian 40 and he is 39

The number of children you have and their ages;two aged 12 and 10. 10 yr old has cystic fibrosis and adhd

How many nights the children spend with each parent;7 nights with me

The length of your marriage and any period of pre marriage cohabitation;Been together 15 years, married since July 2001

Your respective incomes; We have 3 year old business which pays mortgage on shop and house £1100 and 240 per week tax credits and 400 per month between us drawings

Your respective outgoings;mortgages £1100, household £ 150 per week, loan £252, credit cards £1200

Your assets - both soley held and joint;House with £120,000 mortgage and poss £190,000 if sold, shop with £64,000 mortgage and poss £80,000 if sold

Your liabilities

My husband says he doesnt mind me keeping business on but lets get on with selling house. Told him that i have been advised not to move out of the house and to let the courts decide. He told me to get a better solicitor as that will never happen. He hardly comes to see the kids and has got back with a previous girlfriend which messed our marriage up before and who treated kids badly and made me and kids homeless so no way they can spend time there. He says he is not living there but i have seen car there. He wants divorce quick so he can set up business with her. He will only be happy when i have to rent and back on benefits. Any advice please

Hi, i've been in similar situation, ex wanted a quick divorce to set up new home with gf, wanted me and 2 kids out and did everything he could to wear me down so that i give up and move. But he didn't bank on the strengh i had to stay put as the way i see it, its the childrens' home and if he wanted a divorce he should be the one to move out. After 8 months of hell he lost his self control and i had the courage to stand up him. Amazingly he backed down almost instantly and moved out to gf's house. Your husband sounds like the same type of bully, don't give in to his unreasonable demands and stay strong. What he wants and what he will get are 2 separate issues. Good luck!