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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2726
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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If I divorce, can I keep and stay in the house? He wants to

Resolved Question:

If I divorce, can I keep and stay in the house? He wants to sell it and split the profit but I don't want the stress of finding accommodation. Thank you
Submitted: 9 months ago.
Category: Family Law
Expert:  Harris replied 9 months ago.

Hi, thank you for your question. Just a bit more information required to fully assist you:
-How old are you both?
-How long have you been married?
-Do you have any children together, if so their ages and 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?

Customer: replied 9 months ago.
I am 64 and he is 72
married 10 years
no children together
value of property £150,000
I and he live in property
Our names property
both state pension.
I have very little savings
His income £12 plus
Mine £7,000 plus state pension
Customer: replied 9 months ago.
do not wish to discuss on phone
Expert:  Harris replied 9 months ago.

Thank you for confirming. What is the amount of outstanding mortgage and how many bedrooms does the home have?

Customer: replied 9 months ago.
mortgage £59,000 2 bedrooms
Expert:  Harris replied 9 months ago.

Thank you for confirming. If you were to divorce the court will want to ensure that you are both housed appropriately and for you both to be able to meet 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. Unless you are able to buy out your husband's share of the property (which will likely be 50% of the equity), the court will likely agree that the property should be sold so that you both realise your interests in the property.

For your information the criteria considered by the court in these matters 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.

I hope this assists you. 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 your question without a positive rating. Thank you

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