Firstly, if the matter proceeded to court, the Court's starting point is a 50-50 split of all matrimonial assets and ensuring that both firstly the children's needs are met (mainly housing) and then the main carer's needs and then the non-resident parent's needs. If the available assets do not allow parties to purchase property to accomodate themselves, then a court will agree that they should enter the rental market to meet their housing needs and for the capital assets to be split in accordance with other needs.
In relation to the credit card debts, if it can be shown that they are matrimonial expenses on the cards, then it is reasonable for a court to agree for them to be shared between the parties and from any available assets.
As the current home is jointly owned, the wife cannot solely sell this and the husband can oppose and prevent a sale given that his name is ***** ***** title.
For your reference, when a court considers or orders a financial settlement 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.
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