My husband will not leave

[ammanii]

My husband and I have agreed to seperate and ultimately divorce. However, we can not come to an agreement over the house.

We have 3 children. Neither of us want to leave the house. He wants me to leave, take the kids which I can do, but then he wants me also help him pay the mortgage and does not want to pay child support.

I can leave and accept no support, but I cannot help pay the mortgage while I am taking care of another household and 3 children.

I've already consulted a lawyer who says that it will take thousands of dollars to fight him in court on leaving the house. Thousands I don't have.

We can put the house on the market now, but houses in our neighborhood are taking up to 2 years to sell. Can our legal separation be binding if I move into the basement of the home. I'm currently sharing a room with our younger child and have been for almost a year, so we already know that there is not a chance of reconciliation.

 

[calalily]

He cannot not pay child support. I would proceed with the divorce and let a mediator and or judge sort it out for you. I don't know if he can or cannot demand half the mortage if you move prior to a divorce order, but you need an order of support. Consult with another attorney there has to be more options than the one he is presenting you with.

 

[Duranie]

At this time I would request that the house be put on the market, or that he refinance it in his name and pay you out half the equity. If you are on the mortgage though and he does not make payments, consider your credit trashed and the house might go into foreclosure. You almo might be eligible for some spousal support, you really need to consult an attorney.