Assistance

Hi - i have requested seperation from my husband we have two children and he is refusing to leave the family home but says that i can leave but leave the children in the home with him, I can not leave my children if i do leave will i loose all of the equity in our home

In short...no...the following links may help you

www.wikivorce.com/divorce/Divorce-Forum/...he-Marital-Home.html

www.wikivorce.com/divorce/Divorce-Forum/...G-IN-THIS-FORUM.html

www.wikivorce.com/divorce/Divorce-Financ...cial-settlement.html

Elle x

Hi there - have been down that road. Leaving the FMH does not mean loosing any equity. I am pretty sure of that - but guess there are those more qualified to comment.
Leaving or not leaving is harder as you both have a right to be there. I eventually left with the kids. It was the right thing to do for us (long story) but it was a very unusual case. Up until that point the advice was to stay put as long as you can - the priority is the kids and their lives need to be kept as stable as possible.

Onestep

The usual legal advice is to remain in the former matrimonial home until the finances and arrangements for children are settled. In order to do this you need to press on with coming to an agreement between yourselves possibly with the help of a mediator or collaborative lawyers. The advantage of reaching agreement is it does less damage to long term family relationships and tends to be less expensive (although there are costs involved in collaborative law) Alternatively you would need to apply to court to get the ball rolling.

Matters are more often than not more difficult for the party that vacates the MH.

Elle x

That is the truth for sure!

I left and am still paying my half of the mortgage and house insurances.
So therefore there is nothing that he can do and I will be entitled to 50% of the house.But I am fortunate that I can do that - it means I have two jobs but ah well.