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Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2851
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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My wife and I are going through a divorce,I have remained

Customer Question

Hi,my wife and I are going through a divorce,I have remained in the marital home and my wife is living with new partner after she committed adultery. I have continued to pay all the utility bills and mortgage. We have 3 sons together who remain with me in the the marital home all over the age of 18.My middle son is 21 and has asperges syndrome. tourettes and dyspraxia which he receives disability allowance for. We have the house uo for sale and there won't be much equity left for either parties after the house is sold. I have decided to stay in the house and I am going to take the house off listings until after the divorce,for the stability of my son's and in particular my middle son. They all wish to stay with me in the marital home How will they decide if we have to sell as we also have around £30,000 in shared debts as in loans etc in our individual names.Will the court still take into consideration even though my son is 21 and registed disabled ?
Submitted: 2 years ago.
Category: Family Law
Expert:  Harris replied 2 years ago.
Hi, thank you for your question. Just a bit more information required to provide you a full answer:-How long have you been married?-What other property, savings, assets or pensions do you both have?-Are you full time carer for your 21 year old son?-How old are the other two sons?-What are you respective income positions?
Customer: replied 2 years ago.
Married 25 years, no other assets or properties, pensions I'm not sure but my pension is approximately worth twice as much as my wife's , my son now receives disability allowance , we are not full time carers although my son does not work, my other sons are 19 and 21 . My income is £30,000 per year my wife's is £23,000 .
Expert:  Harris replied 2 years ago.
Thank you. Firstly, the court will not consider the reasons for the divorce when deciding a financial settlement. The court looks at a list of criteria (below) when deciding on how to settle finances. As your marriage will be considered long, the court will have a starting point of 50-50 split of all of your assets and her assets, and this will include the pensions. If your wife's pensions is not sufficient to meet her needs and if she is unable to build a pension that is worthwhile prior to retirement, then she will be able to apply for a pension sharing order so that pensions are equalised between you.In relation to the home, as your son will have high needs and both your other children still live at home, you can argue that it is necessary to remain in the home for their benefit. Any sale of the property will not reap any equity for both of you (or minimal) and finding a suitable property for 3 adults and your disabled son will likely be difficult - therefore I would suggest that this be your starting point in relation to the home and possibly argue that it should be transferred to your sole name.In relation to the debts, if these were for matrimonial expenses and for the family then you have good argument for her to share these debts,despite them being in your sole name.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. I will not be credited for answering your question without a positive rating. Thank you
Expert:  Harris replied 2 years ago.
Hi, this question remains open. If you found my information provided helpful please could you rate my response positively as I will not be credited for my response without a positive rating.