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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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Me and my wife may split up after 8 years of marriage and 18

Customer Question

Me and my wife may split up after 8 years of marriage and 18 together we have 2 children 5 and 10 years of age.
A mortgage on 56000
House is worth 170000
Mortgage is 420 a month with about 12 years left.
She wants to keep the house. But without my share I wouldn't be able to move out.
Can she take we've got?
I take home 300 pounds a week
Not totally sure what she earns but it would probably be about a 100.
I want to be a dad to my kids but what sort of outcome can I expect.
Can she really take everything?
Submitted: 1 year ago.
Category: Family Law
Expert:  Harris replied 1 year ago.

Hi, thank you for your question. Just a bit more information required to fully assist you:
-How old are you both?
-What are thr proposed arrangements for the children?
-What other savings, assets and pensions do you both have (both sole and joint), together with values?

Customer: replied 1 year ago.
Hi. I'm 38 and she's 35
She will care for the children as I work full time.
I have a pension witch is worth roughly 12000
We have no real savings.
We both have cars both worth about 4500 each.
Customer: replied 1 year ago.
She finished the marriage.
She developed feelings for another man
I don't think it went anywhere as he said no.
Not sure if that counts for anything
Customer: replied 1 year ago.
Just wondering if she takes the lot and I get left with no way of moving on?
Expert:  Harris replied 1 year ago.

Thanks for confirming. Given that you have minor children and they are in her main care, a court is likely to find that her needs are greater and she will have good grounds to pursue for a greater split of assets than the courts starting point of 50-50. However, given that there is only one main asset (the home) you have good grounds to pursue for the property to be used for the benefit of the children and once they reach a certain age (eg. Finish education) for the property to be sold and equity divided between you.

Unfortunately the reasons for divorce, unless there has been financial misconduct, does not impact a financial settl.

I hope this assists you. 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 your question without a positive rating. Thank you.

Expert:  Harris replied 1 year 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.