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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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If my marriage breaks down what are my rights regarding the

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If my marriage breaks down what are my rights regarding the family home? I have 2 children.

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

-What is the family home worth and what is the outstanding mortgage?
-Who is now living in the family home?
-Whose name is ***** ***** home in?

Customer: replied 1 year ago.
Hello, we are both 36 yrs old and have been married 6.5 years. We have a 1 year old child and a 4 year old child.
We haven't seperated yet as we were trying to work on our marriage but have been going through hard times since April and seem to be going round in circles and after many discussions it seems likely we will seperate (he has been messing around with a woman at work).
He earns about 46k a year and I am part time so I earn less. I earn 30k a year
We don't have any other assets aside from a car each and we both have work pensions (nothing of great value)
Our home is worth around £325k and has a mortgage of £277k I believe. We also have a loan running until 2019 of around £12k
We both own the home jointly.
We are both living there at the moment and my husband has implied he will not be leaving if we seperate because of the kids. Long term he has suggested that if it goes that far, we would sell and he would have the kids 3 days a week and me 4.
To be honest though, I do not feel like I want to loose mine and my children's home anytime soon. I also don't feel that living with me 4 days and him 3 would be in the best interests of the children. The older one starts school soon and I believe routine is key for kids and can't see how she would have that if she lives all over the place. I would prefer a more normal arrangement where they have a home and he has them at the weekends but can come by of an evening and see them as much as he likes then but I guess that's a whole new topic!
What a mess. Ultimately I do believe we will both just want what we feel is best for our kids.....

Thanks for confirming. Given that the home is the only asset and you have two minor children, it would be reasonable for the court to agree that the main carer should remain in sole occupation of the home for the benefit of the children until they reach a certain age (eg. finishes education), after which the home should be sold and equity divided.

You will both need to provide each other with full and frank financial and income disclosure, as well as disclosure of your reasonable needs. 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 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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