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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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I am currently doing through a divorce. Im 30 he is 29.

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I am currently doing through a divorce. Im 30 he is 29. Decree nisi has been granted. I have one child from a previous relationship 11 and 3 year old with my husband. He is a full time student. I am self employed (new start). We are tenants in common owners of the house 50/50 valued at 160000 no mortgage. I brought the house with my inheritance and during out 4 year marriage plus one year living together I paid 80% some 100% of the upkeep of the household through benefits I recieved. I was a qualified professional during the relationship but he made this very hard and I had to give it up. During the marriage we have lived off benefits I recieved and I have been a stay at home mum. He worked on and off and would contribute very little to the house. He is abusive and wants half the house. He refuses to mediate. If I apply for a finacial order what is the likely outcome?

Hi, thank you for your question. Just a bit more information required to fully assist you:

-What are the proposed arrangements for the children?

-Does your husband have any specific needs or is he a healthy adult?

-What are his job prospects and when is he expected to finish education?

-What is your income?

-Who is living in the property now?

-What domestic violence has there been as you mention abuse?

-What other assets and pensions do you both have (both sole and joint), together with values?

Customer: replied 1 year ago.
Currently both children are with me. He pay not maintance ( he is a full time student so CSA are unable to assist) and no visitation and he is refusing mediation. Therefore no arrangement have been put in place.He is a very healthy adult currently studying for his professional degree. His job prospects are very high and will get him a job in management (I guess he would earn 30 to 40k per year). He chose not to work whilst studying but could do. His course end June 2018.I have not made any personal drawing from the business yet. But I would expect to be making 50-100 per week in 3 months. I recieved tax credits and child benefit. 400 per week. I pay 600 for child care.I live in the house with the childrenHe has been verbally mentally emotionally and financially abusive. I have notified the police but no action was taken.No pension for either of us.Also can I just add I have messages from him where he has acknowledged that the house is mine because of where the house came from.

Thank you for confirming. Firstly, you should be aware that despite the inheritance contribution and your on-going contributions to the property he has a legal interest by being named on the title as well as matrimonial home rights to occupy the property.

However, given that you are the sole carer of both children and you have a low income it would be unreasonable for him to attempt to sell the property to obtain any equity as by the sounds of it you will not be able to afford to move out and a court will not agree to put you and the children in such a position.

In the current circumstances you have good grounds to pursue what is called a Mesher Order, which is an order that you and the children stay in the property until the youngest child reaches a certain age (eg. finishes education), and at that point the property to be sold and equity to be divided.

Unfortunately, despite the apparent lack of financial contributions from him to the property, he would still be able to make a claim towards it due to the marriage and the court's starting position is a 50-50 split of all assets. However, as your needs are greater than his it is likely that any split will be more in your favour.

For your information, when either making an order or approving a settlement the court takes into account the following factors:

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.

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

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