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UKfamsol
UKfamsol, Family Solicitor
Category: Family Law
Satisfied Customers: 560
Experience:  Very experienced specialist family law solicitor, qualifed in 1994
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My husband left the family home three and a half years ago

Resolved Question:

My husband left the family home three and a half years ago and has paid nothing towards the house or children for five years and has No Intention of laying anythingdoes he have a right to a share in the house and will his share gete bigger if i wait until our youngest disabled child turns eighteen in ten years time?
Submitted: 2 years ago.
Category: Family Law
Expert:  UKfamsol replied 2 years ago.
Hello and thanks for your question.
Once a divorce petition has ben filed at court, either party can apply to the court to ask the court to decide how the matrimonial assets should be divided, if the couple cannot decide between themselves.
The matrimonial assets are everything in each person's name, and everything they own jointly.
The application can be made at any time after a divorce petition has been filed at court - even after the decree absolute has been granted. In theory, there is no time limit, so an application can be made even years after the decree absolute - if no final financial order was made by the court at the time of the divorce. However, if more than a year has passed since the date of the decree absolute, it's unlikely that the court would allow an application for a financial order to go forward.
The court starts from the position that everything should be divided 50:50 - then looks at reasons why that should not be so.eg if one person has an income significantly lower than the other person and/or they are providing a home for the children of the family and/or the other person has not contributed to the mortgage for x years and/or they have additional expenses eg from looking after a disabled child, then they can argue for a larger than 50% share of the assets.
I think your best option is to file your divorce petition at court as soon as possible, and then look at how you want the matrimonial assets divided. From what you say, the only asset is the former matrimonial home, and it is the equity (value less mortgage) in that property that is relevant.
The valuation of the assets is as at the time the application is made - so now, the house will be valued at less than it will be when your youngest is grown up.
You will get a better deal for yourself and your children if you sort this out now, while your youngest child is still your dependent, than if you wait until all the children are independent adults. If your case goes to court, the court has to consider the needs of any dependent children with the aim of reaching an outcome that provides for both parties and any dependent children of the marriage to be rehoused.
However, going to court is stressful, time-consuming and expensive, so if you can negotiate an agreement with the your husband that is preferable.
You can negotiate either between yourselves, or via solicitors' correspondence or via mediation. The family court anyway now requires the parties to have attempted mediation before it will consider an application to court.
Here's where to find a local family mediation service:-
http://www.familymediationcouncil.org.uk/find-local-mediator/
You would also benefit from some face-to-face legal advice. Here's where to find a specialist family law solicitor near to you:-
http://www.resolution.org.uk/findamember/
I hope this helps and I wish you the best of luck.
Thanks and best wishes...
Expert:  UKfamsol replied 2 years ago.
Hello again - I see that you have looked at my answer but not accepted it.
Is there anything in my answer you would like me to clarify? Or anything in your question you feel I have not answered?
Please let me know and I'll do my best...
thanks & best wishes.
UKfamsol, Family Solicitor
Category: Family Law
Satisfied Customers: 560
Experience: Very experienced specialist family law solicitor, qualifed in 1994
UKfamsol and other Family Law Specialists are ready to help you
Expert:  UKfamsol replied 2 years ago.
Hello again - I see that you have looked again at my answer but still not accepted it.
I would be grateful if you would now kindly accept and rate my answer so that I can be credited for my time - thanks again.
best wishes...

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