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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2849
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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My partner and her ex husband have been divorced months but

Customer Question

My partner and her ex husband have been divorced for 12 months but separated for 10 years. She lives in the joined mortgaged house with her 2 children and has continued to pay the mortgage on her own for those 10 years without any contribution from him, he, only pays child maintenance.
Can he force the sale of the house and effectively make her and the children homeless, so he can obtain his portion of the equity?
Submitted: 1 year ago.
Category: Family Law
Expert:  Harris replied 1 year ago.

Hi, thank you for your question. Just a bit more information required to fully assist you:

-A re they in England or Wales?

-Have either of them remarried?

-Was there a court approved financial settlement as part of the divorce?

-Are the children his and how old are they?

Customer: replied 1 year ago.
Neither has re married.
There was no court financial settlement.
The children are aged 15 and 12
Customer: replied 1 year ago.
In England
Customer: replied 1 year ago.
Apologies... both the children are his.
Expert:  Harris replied 1 year ago.

Thank you for confirming. As there are minor children, it would be reasonable to pursue a Mesher Order as part of a financial settlement. This is basically a delayed sale until the children reach a certain age or event. So the court will decide (or you can agree through negotiations and for the settlement to be approved by the court) thereby binding both of you to the settlement.

As part of the divorce you will need to reach a financial settlement, 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.

If you have any further questions regarding this please let me know. In the meantime 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