I am at the stage that I would like to really separate from my husband as we are both so unhappy and stressed and I feel the kids are now suffering from the anxiety in the household. I just don't know what my financial situation would be afterwards?
We have been married for 15 years, during which time we have had two children- a daughter age 11, and son age 8 who has complex special needs. I gave up full time work after my daughter was born and 2 years ago I gave up paid work completely to be my son's full time carer as it was becoming increasingly difficult to commit to my job and look after my son. My elderly mother also lives with us and she too requires some help and supervision.
My husband has recently qualified as a nurse and has secured employment in this field after 4 years of study which also took its toll as I took on the responsibility of childcare etc mainly on my own during this time.
We have around 60k equity on our house ( but still have a mortgage of almost 140k), a few thousand in savings, almost 10k , no debts, no credit cards etc, no car ( we have a motability one) . Also, the savings we have left were from inheritance from my mum when she sold her house to come to live with us.
I would dearly love to stay on in our house as it is walking distance from my son's special needs school, and has many adaptations to help look after my son such as ramps, wet room etc . Under Scot's Law would I have to pay my husband half the equity of the house if I wanted to take on the mortgage myself ( with a guarantor) as I couldn't afford to do this. Or would circumstances be taken into account such as my non financial contribution and support to the marriage and family, and my husband's future earning potential compared to mine ( my son will require lifelong care 24/7) and also the matter of my husband's pension?
I suppose I'm wondering whether it's just a 50:50 split in Scotland after separation and divorce or are circumstances taken into account.