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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2292
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I am getting divorce but I have a child a wife and a home which

Customer Question

I am getting divorce but I have a child a wife and a home which is owned by myself. who gets what
Submitted: 1 year ago.
Category: Family Law
Expert:  Harris replied 1 year ago.
Hi, thanks for your question. I am a qualified family law solicitor.
As a starting point all assets owned by you and your wife will need to be taken into account. You will also need to assess your child's needs, your needs and your wife's needs when deciding on how assets should be distributed.
To provide you more information I will need further details:
1. Who is currently living in your home?
2. Are there any other properties/assets?
3. How old is your child and who will be the primary carer?
4. When was the home bought (before/during the marriage)?
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2292
Experience: Family Law - Specialist in Divorce, Financial Relief and Children Matters
Harris and other Family Law Specialists are ready to help you
Customer: replied 1 year ago.
my wife is in the home with my child, there are no other assets. the child is seven years old.
the home was brought during the marrige
Customer: replied 1 year ago.
primary care to my wife
Expert:  Harris replied 1 year ago.
Thank you.
Your wife will have a right to live in the property arising out of the marriage, despite it being in your sole name. She will also have a right to make a claim for the home as it is the matrimonial home and she is the main carer of your child and your child's interests will come first.
Therefore, it is most likely that if the matter went to court the court will decide that your wife should remain in the property until your child is 16 or finishes education, after which it is to be sold and the equity to be split between you and her.
Customer: replied 1 year ago.
the property is mortgaged and I wont be able to afford to keep it if I have to live somewhere else so what can I do
Expert:  Harris replied 1 year ago.
Your wife's financial position will need to be assessed to see if she can meet the mortgage repayments at it is usual in these cases for the occupier to meet the outgoings.
Customer: replied 1 year ago.
she wont be able to meet the payments as she does not earn enough
Customer: replied 1 year ago.
plus there are debts to be settled
Customer: replied 1 year ago.
equity in the home around 250000
Customer: replied 1 year ago.
payments to the mortgage around 700 a month
Expert:  Harris replied 1 year ago.
She will need to demonstrate that she is maximising her earning potential and show why she will not be able to meet the mortgage outgoings. If the mortgage cannot be maintained then you would need to look at having the property sold and equity to be distributed between you. The future accommodation will need to be looked at, such as rented properties.
The debts will need to be shared if you can demonstrate that they were towards matrimonial expenses.
However, if she is unable to maintain the mortgage or afford to rent a suitable property, then have you considered you being the main carer of your child and for you to remain in the home?
Customer: replied 1 year ago.
I don't see that as an option but there's enough equity for he to rent as she will not be able to qualify for another mortgage. she if we split the equity ill walk with around 100000 for rent
Expert:  Harris replied 1 year ago.
It may therefore be the best option for the property to be sold as if the mortgage repayments cannot be met the property will be repossessed.
Customer: replied 1 year ago.
What if she takes in lodgers will that be taken into account or will it be evaluated based only on her wages?
Expert:  Harris replied 1 year ago.
It will be based on all her income

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