Hi, thank you for your question. 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 children's needs will be the court's main priority and as the children will remain in your care it is extremely unlikely that a court will agree to sell the property to provide for yoir husband. The court also has the power to make an order for you to remain in the property until the children reach a certain age, and then for the property to be sold amd proceeds divided between you at an appropriate share everything each, taking into account the following criteria:
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.
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My name is ***** ***** I have been a solicitor for more than 30 years.
Your husband is correct and he is legally entitled to 50% of the property.
However the court does have wide discretion and the fact that you have the care of the children makes it likely that you could secure a 60/40 split in your favour - possibly even 65/35.
It is unlikely that you would get more than that given his health issues