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Jojojames
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Reged: 06/28/07
Posts: 1
what are we entitled to ????
      #255119 - 06/28/07 07:46 AM

Hi, My husband and I are going through a bad patch and there has been talk of separation. We have a three year old daughter, the mortage has only his name on it and he pays all the bills whilst I stay at home and look after our daughter and house things. I know he would pay child support but who will be moving out? Daughter will be staying with me with visits for him so shouldn't he move out? if so will he still be paying the mortage?

I am going to go to the citizen advice bureau but would like to know what you all think before I go.

Thanks for listening
JoJo


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matart1
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Reged: 09/01/05
Posts: 2798
Re: what are we entitled to ???? [Re: Jojojames]
      #255125 - 06/28/07 08:21 AM

a lot is determined by length of marriage, custody arrangements and income....

there is no crystal ball to determine if custody will be split 50/50 or where only one parent has exclusive rights.

if your marriage is not long term enough you may not recieve what you thought you would be entitled to in alimony and so you need to consider looking for employment.

either way you should consider employment as you both will have to provide for yourselves and the care of the child.

and his income may not be of the stretch where it can pay for his complete residence and yours at the same time.

all assets as well as all debt will more than likely be divided equally.

as far as the house goes, if you want it then you may have to buy him out of his share, if he wants it he will have to do the same thing.
or you sell the house and split the profit or divide the negative.

there are even plenty more to consider.
it really is not so cut and dry when children are involved.

you say that you are going through a bad patch and talk of separation - is there any talk of counseling and trying to make it work.....marriage is not magically held together by itself sometimes....


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Goodmom
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Reged: 06/17/07
Posts: 2015
Re: what are we entitled to ???? [Re: Jojojames]
      #255448 - 06/29/07 02:16 AM

[quote]Hi, My husband and I are going through a bad patch and there has been talk of separation. We have a three year old daughter, the mortage has only his name on it and he pays all the bills whilst I stay at home and look after our daughter and house things. I know he would pay child support but who will be moving out? Daughter will be staying with me with visits for him so shouldn't he move out? if so will he still be paying the mortage?

I am going to go to the citizen advice bureau but would like to know what you all think before I go.

Thanks for listening
JoJo [/quote]

Do not move out of the house. Because that will be viewed as abandoning the house.

Also, I really suggest marriage counseling to try and work out the problems. Because your child is still young and needs you home with her instead of working full-time. And if you get a divorce, you will have to work and put your small child in daycare.

I was a stay at home mom when my ex and I separated. He paid all of the bills until I found a job. That doesn't mean that your husband will or that a court will order him to.


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Mumsy
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Reged: 07/06/07
Posts: 3
Re: what are we entitled to ???? [Re: Goodmom]
      #258244 - 07/06/07 04:39 AM

If you and your husband can be civil about things through the seperation, why don't you try letting your daughter retain the house and the two of you split an apartment while alternating custodial periods and visits with your daughter? Maybe that would give the two of you an opportunity to work on things without being right on top of each other on a daily basis. Sometimes a little breathing room can make a huge difference in your ability to regroup. Good luck, I wish you all the best.

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