Thanks Clare, yes she refused to pay the divorce costs. Can I just check/clarify a few things: -
a) So she can move out and stop paying the mortgage and still claim 1/2 the property when it eventually sales. Is it likely that she would be entitled to more if she stayed in the house until the property sales? I'm just trying to understand why solicitors always recommend couples in the process of divorce to stay in the house. Are there any negative consequences of moving out, will this go against her in some way?
b) If she did move out and he couldn't keep up the increased cost of the mortgage, what would happen then? Isn't there a risk of the house being repossessed and her not receiving anything at all?
c) I was wondering whether there was any kind of 'equity release' scheme that might be applicable in her circumstances?
d) Are there any benefits that she would be entitled to as she would have to find a home for her and her daughter on quite a low income?
Also are you able to back up your answers with relevant legislation, ie how you know why moving out wouldn't affect her claim on the property etc.(eg Is this to do with length of time lived in the house?) I just want to understand the rationale of your advice, what led you to this conclusion. A link to further guidance would also be helpful?
Let me know, thanks, Vicki