I am separating from partner. We have 2 young children together and own the house together. He refuses to move out. Where do I stand legally? I want to stay in house with children.
The division of matrimonial property upon separation is a complicated matter that more often requires the court to intervene and decide how the property will be split. My first question would be whether you have a pre-nuptial agreement on how the property is to be owned, but from your question I gather maybe not. As per the law, property owned jointly belongs to the parties in equal proportions and therefore it would be difficult to justify why your partner should give up their share for you to remain in the property by your own. Some people opt to move out and let the kids stay in but this is more out of rationality and not because they are legally bound to do so. The same applies to your case.
If you claim alimony in court and the court grants your partner’s share of the house as settlement, that may work fine. But unless such an order is issued, you may have to either get the house through gentle persuasion, or you both sell the house, split the cost and get a new place for yourself.
Disclaimer: This does in no way constitute legal advice and this info is added for general information and illustration purposes and should not to be used in specific cases. Please seek help from a solicitor as no legal case is identical and the law changes regularly.