Hi, thank you for your question. Just a bit more information required to fully assist you:-Are you in England or Wales?-How old are you both?-How long have you been married?-Do you have any children together, if so their proposed arrangements?-What is the value of the property, and what is the outstanding mortgage?-Who is now living in the property?-Whose name is ***** ***** in?-What other assets and pensions do you both have (both sole and joint), together with values?-What are your respective incomes?
Thank you. As part of a divorce there will have to be a financial settlement and she can make a claim for an appropriate division of assets and the court can look into selling the property, however,as you have a child im your care his needs will be a priority and you may habe grounds to seek to remain in the property until he reaches a certain age (eg. Finishes education) after which for it to be sold.
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My name is ***** ***** I have been a solicitor for more than 30 years.
The fact that your son is already 18 is a major problem as he is technically an adult and that means the Court will not take his housing needs into consideration when dealing with the settlement.
The fact that he is in full time education is helpful provided it is still Secondary education and not University - but certainly will not delay a sale for long