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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2851
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I am separating from my husband of 28 years. Our youngest

Resolved Question:

I am separating from my husband of 28 years.
Our youngest son of 22 still lives at home; he is not able to live independently yet due to health and employment issues.
My mother of 81 also lives with us.
I therefore have to make a home for both of them.
Am I entitled to more than half of the equity in the property in view of this?
Submitted: 1 year ago.
Category: Family Law
Expert:  Harris replied 1 year ago.
Thanks for your question. One factor that the court will look at are your needs, and given that you have two dependants your needs may be greater than your spouse's needs and will be helpful to your case to argue for a greater share of the family home. However, the court will not only consider the family home, but also all your other assets as well as your spouse's assets, and financial position when deciding what an equitable split would be. The court takes into account the following factors when deciding on a financial settlement:
1. The income, earning capacity, property and other financial resources which each of the parties to the marriage has or is likely to have in the foreseeable future, including in the case of earning capacity any increase in that capacity which it would in the opinion of the court be reasonable to expect a party to the marriage to take steps to acquire;
2. The financial needs, obligations and responsibilities which each of the parties to the marriage has or is likely to have in the foreseeable future;
3. The standard of living enjoyed by the family before the breakdown of the marriage;
4. The age of each party to the marriage and the duration of the marriage;
5. Any physical or mental disability of either of the parties to the marriage;
6. The contributions which each of the parties has made or is likely in the foreseeable future to make to the welfare of the family, including any contribution by looking after the home or caring for the family;
7. The conduct of each of the parties, if that conduct is such that it would in the opinion of the court be inequitable to disregard it;
8. In the case of proceedings for divorce or nullity of marriage, the value to each of the parties to the marriage of any benefit which, by reason of the dissolution or annulment of the marriage, that party will lose the chance of acquiring.
Please let me know if you have further questions regarding this.
Expert:  Clare replied 1 year ago.
HiMy name is ***** ***** I have been a family lawyer for more than 30 years.I am afraid that it is not certain that the court will take into account your two "dependants" since they are adultsMuch will depend on the actual mental and physical health of your son, and the basis on which your mother came to live with you.To give a realistic idea of the possible outcome we would need to know the extent of the assets - an dhow much a suitable alternative property will cost to buyClare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34581
Experience: I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
Clare and other Family Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank you very much
Expert:  Harris replied 1 year ago.
Hi, this question remains open. If you found my information provided helpful please could you rate my response positively as I will not be credited for my response without a rating.
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2851
Experience: Family Law - Specialist in Divorce, Financial Relief and Children Matters
Harris and other Family Law Specialists are ready to help you