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Harris
Harris, Law Specialist
Category: Law
Satisfied Customers: 1762
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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After a seven year marriage which has gone into decline by

Customer Question

After a seven year marriage which has gone into decline by my wife's mental torture and verbal abuse against me and my disabled 27 yr old son who lives with me ( not her son)
where do i stand with my home if we divorce , as my son relies on me for medical and hospital appointments for life injections etc and the mortgage has been paid by me only and has always been in my name. Will i be forced to sell and lose my home and make my son homeless, or can i keep my home with my son because of his dissabilities ?
Iam trapped in a marriage nightmare ,where my only concern now is the protection and welfare of my son. I've done everything possible to save my marriage to no avail.
Any advice please.
Submitted: 6 months ago.
Category: Law
Expert:  Harris replied 6 months ago.

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?

-Hoe much is he property worth and what is the outstanding mortgage?
-What other assets and pensions do you both have (both sole and joint), together with values?
-What are your respective incomes?

Customer: replied 6 months ago.
We both live in England and Iam 55yrs, wife 53 yrs. property estimated at 285k.Outstanding 4k. Incomes separate but around 39k. both have Mod, civil servant pensions, unknown this time. Both own a car. Wife just purchased new car with aid of 10k bank loan in her name.
My son on benefits from DLA because of his deafness and Autism but unemployable at this time.
hope this helps.
Expert:  Harris replied 6 months ago.

Thank you for confirming.

As part of the divorce you will need to reach a financial settlement, initially this should be attempted through mediation - you can find independent mediators here: http://www.familymediationcouncil.org.uk If a settlement is agreed this can be submitted to court under a consent order (together with a D81 form outlining your respective financial positions).

If mediation does not progress you should then proceed with an application to court under Form A for financial relief.

You will both need to provide each other with full and frank financial and income disclosure, as well as disclosure of 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. 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.

To be honest, given your potential needs, you have good argument to attempt to stay in the property to care for your son if there are no other viable options - however you would need to consider how she will be able to obtain any interest from the home.

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

Expert:  Harris replied 6 months 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.

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