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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 1930
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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Divorce: family home equity £100k, house contents £20k,

Resolved Question:

Harris : divorce: family home equity £100k, house contents £20k, husband and wife each have a car worth £3k. CETV husband pension £100k, wife pension cetv £14k. Joint credit card debts £40k. Children 7 and 9 yrs old to stay with wife. Wife has been abusive and violent to husband and children. Husband income £2600 net, wife £2000 Net pm. Wife has put jointly owned family home up for sale without consulting husband. Wants to move 20 miles away. What would a fair settlement be? Can joint credit card debts be paid from sale of the home providing wife can still pay for housing? Could this be private rented or does it have to be owner occupied? And what charge could the husband put on the property if it is owner occupied?
Submitted: 6 months ago.
Category: Family Law
Expert:  Harris replied 6 months ago.

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

-Who will be main carer of the children - given that there are abuse concerns by wife to the children, is husband to seek the children to be in his care?

-What are the reasons for wife's move 20 miles away and is she planning to change children's school?

Customer: replied 6 months ago.
Wife will be main carer of children. Moving to be nearer new schools and her new job
Expert:  Harris replied 6 months ago.

Does the husband oppose the move of schools and home?

Customer: replied 6 months ago.
No
Customer: replied 6 months ago.
Do not want to use phone service so pls email
Expert:  Harris replied 6 months ago.

Thanks.

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.

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

Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 1930
Experience: Family Law - Specialist in Divorce, Financial Relief and Children Matters
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