My ex wants to sell our home
Fiona Caine is here to help if you have a relationship, sexual, marriage or family problem.
My husband left me last year to live with another woman.
I was shocked and upset at first but I’ve come to terms with it and recently we verbally agreed to a divorce. We have two children together and I thought things were amicable until I got a letter from his solicitor telling me that he wanted to put our home on the market.
It seems he wants to buy another house with his new woman, but surely that shouldn’t mean the children and I are turfed out of our home?
Am I allowed to stay here until the children have at least left home? DN
FIONA SAYS: GET A SOLICITOR — NOW
Your legal right to remain in the house could depend on all manner of things, so you need to get a solicitor of your own — and as soon as possible.
It doesn't matter whether the property is owned jointly, in your name, or in your husband's, as a court can decide what happens, depending on circumstances.
In some cases, the parent with the children is allowed to stay on in the family home until the children are 18, or else stop education (either secondary or university).
If that happens, the house usually stays in the same ownership — but not necessarily.
Sometimes the ownership is transferred and for giving up their share of the home, the other person gets a greater share of other possessions, such as pension and savings.
There are several options and the best way to make sure you get what is fair and in the best interests of your children is to get a solicitor's advice.