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Should I move out of the house?


Published: 24th February 2007 - Category: Separation and Divorce - Author: Lynne Bastow

Separating couples, frequently can’t stand remaining under the same roof once the decision to part has been made but often this is the only practical option.

Be aware that if you move out it can affect your financial settlement and the living and contact arrangements for the children of the marriage.

If the sale or otherwise of the matrimonial home is an issue then moving out removes your influence over the conduct of the sale and may even strengthen your spouse’s right to retain it.

If there is violence or abuse, then advice should be sought as to having your spouse evicted.

How To Reverse The Process

I know of a case years ago where the dad, a sales director, moved out and rented a luxury 2 bedroom apartment with sea views. His living costs were such that he could not afford to pay his wife any interim maintenance. His wife, a nurse, meanwhile remained in the home with the four children and made enormous financial sacrifices, buying clothes for the children from charity shops, and living on potatoes and beans. She cut her income needs to the bone and felt sure that the judge would congratulate her on her thrift and award her and the children the house. He did not.

He told her to carry on scrimping and saving, he could not award her higher income needs than she claimed and therefore no periodic payments were ordered from the husband. He decided that the father needed a bigger property so that the children could stay with him overnight and that the house should be sold as the father needed access to his capital to buy a property and the mother should take on a smaller mortgage. He was concerned that long term the mother would not be able to keep up the payments on the matrimonial home as she was receiving no assistance from her husband, only minimal child support based on his basic salary.

If only the mother had been advised differently she would likely have ended up with the house and maintenance from her high earning husband, whilst he would have had a charge on the home and been told to use his high mortgage capacity to purchase a property!

It is important to get the right advice in the first place, not only to obtain a fair financial settlement, but to prevent people sinking into bitterness over the injustice of the system!

Lynne Bastow - Divorce Solicitor

Meet Lynne Bastow

With over 20 years experience, Lynne can provide excellent and valuable advice and has a friendly, positive approach towards all her clients, ensuring you get the best service possible. If you would like my help you can contact me here. Contact Lynne

Read Lynne's Books

If you need more information on divorce, Lynne has published two informative guides on divorce, which you can purchase from Amazon.

The Little Book of Divorce

The Little Book of Divorce

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The Little Book of Divorce Dilemmas

The Little Book of Divorce Dilemmas

Buy on Amazon
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