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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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Under the terms of my divorce when my youngest daughter is

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Under the terms of my divorce when my youngest daughter is 18 I have to sell the house and he has 30%I have the rest
I don't work so his name has had to stay on the mortgage.we have an interest only mortgage which still has about 16 yrs left as he remortgaged so many times.before the divorce I went to court and fought for my granddaughter who now lives with me under a special guardianship orders is from my son who is from my first marriage
My second husband took on my son as his own and my daughter before we had our three granddaughter was allowed after child since she was born but has always lived with me since she was born she is now four.and about to start school.when my youngest is 18 she will only be eight and we will be homeless.i also have a son who I get disability allowance for as he has bowel problems and tourettes and mild autism.he is my exes son
I don't know if he will ever leave home and be independent.can I content the decision of the divorce and keep the house til my granddaughter is 18 even though she is nothing to do with my ex but because she is here under a sgo. And because of my son
I pay the mortgage now and have been for the last five years.he doesn't pay anything for the house

Hi, thank you for your question. Unfortunately the news is not great in your case. The financial settlement the court previously reached was in relation to your children and the children of the marriage and such orders such as orders for sale cannot be varied - even if you were to attempt to vary it the court will not consider your granddaughter as a relevant child arising out of the marriage. Your husband will not be liable to pay anything towards the house outgoings unless it is included in the court order.

However, upon sale of the home you will be homeless and you will be entitled to attend your local authority housing office to submit a homelessness application and they will assess whether they have a duty to assist you - it will be likely that they will have a duty if you have a minor child in your care.

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.

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