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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2285
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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If I solely own the marital home and its in my name and I

Resolved Question:

If I solely own the marital home and its in my name and I used money obtained from the sale of a previous house I owned to make a large deposit which had nothing to do with my wife and I have paid all mortgage payments .Can my wife force me to sell the home , we have been married 2 years and cohabited for 12 prior to that .
Submitted: 10 months ago.
Category: Family Law
Expert:  Harris replied 10 months ago.
Hi, thank you for your question. Just a bit more information required to fully assist you:-How old are you both?-What other assets do you both have, including pensions?-What are your respective incomes?-Do you have any children, if so their ages and arrangements?
Customer: replied 10 months ago.
Hi,My wife walked out 8 weeks ago and has just had a charge applied at the land reg to the house
I am 46 and My wife is 38.
Savings circa 100k (2 x cars Bentley GT 2016 and BMW M4 2015 both in my name and financed by me)
My wife was able to stop work a year ago, which was supposed to be for the summer because of my income circa £200k P/A.
we have a 10 year old Daughter
Expert:  Harris replied 10 months ago.
Thank you for confirming - what are the arrangements for your daughter - is she living with you as main carer?Where is your wife living now - what kind of accommodation?
Customer: replied 10 months ago.
She walked out with my daughter with out any notice took her out of her school and put her in another school and is staying at her sisters 100 miles away .I have been given access to my daughter but I am living in the marital home
Expert:  Harris replied 10 months ago.
Thank you for confirming. Firstly, as you have parental responsibility for your daughter by virtue of marriage you should have been consulted in relation to the relocation and the school. You will have grounds to apply to court to have a returned to your care and your area - please let me know if you wish to receive information on this.In relation to the financial matter, you will need to reach a financial settlement as part of the divorce. Initially this should be attempted through mediation - you can find independent mediators here: http://www.familymediationcouncil.org.uk If a settlement is agreed this can be submitted to court under a consent order (together with a D81 form outlining your respective financial positions).If mediation does not progress you should then proceed with an application to court under Form A for financial relief.You will both need to provide each other with full and frank financial and income disclosure, as well as disclosure of your reasonable needs. The Court's starting point is a 50-50 split of all matrimonial assets and ensuring that both your needs are met in relation to both assets and income. The criteria considered is: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. In terms of your specific circumstances, given that you had cohabited for 12 years prior to marriage, a court will consider this in the length of marriage and likely agree that the length of the marriage is 14 years, and therefore long. Furthermore, you have a 10 year old child from the marriage. Your daughter's needs will be paramount, and initially the court will consider what is reasonable to meet her housing needs. Despite all the property and assets being in your name and being solely financed by you, the court will look mainly at the needs of both of you and your daughter. If all needs are able to be met from assets, then a sale of the marital home will not be required. However, if there are no funds available elsewhere, then a sale of the home will need to be looked at in order to meet all your separate needs. I appreciate that this may not be the answer you would have hoped for, but if you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for answering your question without a positive rating. Thank you
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2285
Experience: Family Law - Specialist in Divorce, Financial Relief and Children Matters
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