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ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 1431
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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My wife left family home 3 months ago of her oqwn free will

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my wife left family home 3 months ago of her oqwn free will to move into rented accommodation with the 2 children.She has a new man in life and demands I sell family home and my car which she brought as a present for me out of her moms inheritance on 2006.My son currently resides full time with me as he doesn't like rented accommodation and my daughter stays a minimum of twice a week.The house is for my children and at 52 years of age I feel if I have to wsell up I will not be able to replace it where do I stand?
Welcome to Just Answer.
I am a Solicitor and will assist you.
Please can I ask:
- how are old are your children?
- how long have you been married?
- was your wife charged with an offence?
- are you thinking of divorcing and dealing with the matrimonial assets formally?
Kind Regards
Customer: replied 2 years ago.
My children are 14 and 12 years old .My son resides in marital home full time. Been married 18 years 1 year separated in 2006 .I involved officers as I was concerned for her safety due to her agitated state.She is pressing for divorce and I just want to know where I stand before I act.
Thank you for clarifying that for me.
I am sorry to hear about the difficulties that your are experiencing.
If your are looking to also deal with matters in the long term then In relation to the matrimonial finances - The correct process for dealing with the matrimonial finances and division is to go through a process known as full and frank financial disclosure. Yourself and your wife need to exchange full details of all assets and liabilities before negotiations take place in relation to settlement.
The normal rule for division is 50/50 however the matrimonial causes act sets out factors which could lead to a departure from this rule. A few examples are the likely earning capacity of both of you for the future, health needs, future care of children etc.
The court would also consider the future housing needs of any children.
You should consider making a referral to a specialist mediation service.They can assist in relation to the process of disclosure and also in relation to negotiations about division. One such mediation service is the National Family Mediation service.
If agreement cannot be reached then an application would need to be made to the court. You can not make an application to the court until you have at least attempted mediation first.
It is very important that no division of any assets takes place until a court order is obtained.
If division is agreed without the need to apply to court then you should submit a consent order for Judicial approval prior to division. Not doing so could leave you open for a future claim. A Solicitor can help you draft the Consent Order to protect your position for the future. The court will not approve or make an order unless decree nisi has been obtained in divorce proceedings.
Given what you have said about your wife acting violently towards you then you might be able to get legal aid to assist you. See this link for further information:
Kind Regards
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Customer: replied 2 years ago.
Is it true that my wife cannot make me sell house before the children leave school/
Thank you for your response.
That is not necessarily true - there is no such rule.
The court will consider the housing needs of your children. The court can make orders called Mesher / Martin Orders which mean that the house would be sold on a certain event being reached such as the children leaving school or reaching a certain age.
The court will look at all the factors when deciding what order to make if agreement cannot be reached between you. The court will look at the housing needs of both of you and which children will be staying with each of you. If there is sufficient equity to downsize and still rehouse the children - then the court may order this.
You do need to start going through the process of disclosure and negotiation and a referral to mediation is a good idea.
Kind Regards
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