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Harris
Harris, Law Specialist
Category: Law
Satisfied Customers: 1751
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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Divorce. I am divorcing my husband. I am having full custody

Customer Question

Divorce. I am divorcing my husband. I am having full custody of the children and will request a very small child maintenance allowance from my husband (He does not have a high income.)
I am going to take pretty full financial responsibility for the children (aged 8 and 6).
What would normally happen to the property we own?
It is worth about £170,000 and have a £100,000 mortgage still owing. (14 years left on mortgage)
I naturally want it for me and the children. My husband says he is entitled to half. But if I am taking full responsibility for the children this does not seem fair?
I bought the house 1 year before we married and paid ALL the deposits, fees, furniture etc. This sum was around £18,000. My husband brought zero money into the marriage.
But now wants to sell the house and take half of the £70,000 roughly.
My gross income is £37,000 and my husbands is £22,000.
We both have very small pensions and have agreed to keep our own.
We have £2000 savings.
No other assets.
What would the courts judge as a fair solution, when i am taking full custody of the children. (He also has very severe depression and alcohol issues.)
Thanks
Helen
Submitted: 4 months ago.
Category: Law
Expert:  Harris replied 4 months ago.

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.

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 4 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.

Expert:  Clare replied 4 months ago.

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

Expert:  Harris replied 4 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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