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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2810
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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Myself and my husband are divorcing after I ended our

Customer Question

Myself and my husband are divorcing after I ended our controlling/abusive relationship. We have two kids under 8. We cohabited for two weeks but he chose to leave last week. We only have 50k equity in our house if it sold for market value and we are both named
On mortgage. For tax benefits I am on his work books. Is he legally obliged to pay mortgage and bills until the kids grow up as well as child maintenance?
Submitted: 1 month ago.
Category: Family Law
Expert:  Harris replied 1 month ago.

Hi, thank you for your question. Please confirm:

-How long have you been married?

-How many bedrooms is the property?

Customer: replied 1 month ago.
4 bed property with a study
We got married in 2012nit have been together since 2003 and our first child was
Born in 2009
Expert:  Harris replied 1 month ago.

Thanks for confirming. Firstly, given the low amount of equity you may have prospects to prevent a sale and to remain in the property for the benefit of the children. However, he may contest this and state that the house is too big for your needs. You will need to assess what the costs of reasonable properties in the desired area cost, what your mortgage capacity is and if there will be prospect to purchase another property after divorce. If not you will have prospects to remain in the property until the children reach a certain age.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

Expert:  Harris replied 1 month ago.

Hi, this question remains open. If you found my information provided helpful please could you rate my response positively using the stars at the top of this page as I will not be credited for my response without a positive rating. You will not be charged for providing a rating.