I am also able to help yoou in respect of the finances.
Please may I ask:
- are you legally married?
- how much equity is in the property?
- how many bedrooms does the house have?
- are there any other assets including pensions?
- is there a disparity between your respective incomes?
Thanks for that.
Can you also tell me if divorce is contemplated?
Thank you for your response.
Although I know that divorce isnt contemplated - I am going to tell you how the courts look at the division of assets on divorce - as this will give you an idea as to how you stand and how you move forward with the financial matters.
When either person issues for divorce - then either of the parties is able to make a claim in respect of the matrimonial finances.
The matrimonial finances includes all the assets and liabilities for both of you.
The first step is disclosure - that is both of you have to disclose all of your assets and liabilities. Only once this has truly happened can discussions take place in respect of division.
The starting point of division is equality - that being equal. The Matrimonial Causes Act sets out factors that can lead to the depature of equality these include the future care of children, future earning capacity etc.
As you have already told me that some of these apply to you - then you need to be seeking a higher share - somewhere around 10 - 20%
It might well be that your husband wants to keep his pension - which could mean that this could be offset against his interest in the house.
The housing needs of the children will be important to a court - so a court is unlikley to order the house be sold. If your husband is to retain an interest in the hoouse, rather than say offset against his pension - then orders can be made that the house will not be sold so his interest be realised until a certain event occurs - such as you remarrying of the children finishing education.
You also need to be aware that as there is a disparity in your income - then you need to be considering a claim for spousal maintenance.
Whilst all the above can be finalised if divorce happens in the future - as this is not currenty contemplated - then a separation agreement should be considered - still dealing with all disclosure and discussions about division.
Mediation can also help you with this as well as with children matters.
Let me know if I can help you further.
Glad I could help you Marcella x