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Lawyer21, CILEx Lawyer
Category: Family Law
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Experience:  CILEx Lawyer
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I need some advice regarding my home and separation from my

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Good morning, my name is***** need some advice regarding my home and separation from my wife.
JA: Where are you? It matters because laws vary by location.
Customer: i live in Densole nr Folkestone Kent
JA: What steps have you taken so far?
Customer: My wife moved out on the 16th Nov 2019, we jointly own the home outright 50/50 she now feels she might want to sell.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: My wife works, i have a heart condition and am on PIP my wife is 58 years old and I am 59 we have been married for 9 years
Customer: replied 1 year ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call.
Customer: replied 1 year ago.
Let me know if you need more information, or send me the service offer(s) so we can proceed.

Hi How can I help?

I will read your question and respond

You will need the original marriage certificate and her address in order to file and commence divorce proceedings. There is a court fee of £550.00 and the person filing the divorce is known as the Petitioner and the other party the Respondent in the proceedings. If you are on a low income/savings you can file form EX160 to be exempted from the court fees. The divorce process can take between 4-6 months from start to end.

I will send you a link of the process involved and the way forward.

In terms of the property - if the property is in joint names.

There is no set formula in splitting assets. The pot includes all the assets in the marriage and the split between parties always starts from a 50/50 split and this split changes according to the needs of the parties. I.e if the children are staying with you then your needs will be higher and therefore entitled to a larger split. At the end of the day it depends the amount of assets there are in the marriage to split and the needs of the parties. Every case is different.

Under section 25 of the Act the matters to which the Court is to have regard in deciding how to exercise its powers are as follows:

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;
The financial needs, obligations and responsibilities which each of the parties to the marriage has or is likely to have in the foreseeable future;
The standard of living enjoyed by the family before the breakdown of the marriage;
The age of each party to the marriage and the duration of the marriage;
Any physical or mental disability of either of the parties to the marriage;
The contributions made by each of the parties to the welfare of the family, including any contribution made by looking after the home or caring for the family;
In the case of proceedings for divorce or nullity of marriage, the value to either of the parties to the marriage of any benefit (for example, a pension) which, by reason of the dissolution or annulment of the marriage, that party will lose the chance of acquiring.

Your first step would be to approach a family mediator who can give you a more accurate guideline after financial disclosure.

It is advisable that you do not leave the matrimonial property.

Customer: replied 1 year ago.
Thank you, ***** ***** is not what I wanted to ask, your system locked me out before I could finish my question. we own the property 50/50 outright. my wife decided she wanted to separate from me last November, she now wants to sell our property but says does not know if she wants a divorce. Can she make me sell this property? where do I stand?

She cannot make you sell the property - you are on the title deeds unless she obtains a court order of sale. I will send you more details here.

The court's priority is to ensure that children have a roof over their heads. There are however a whole variety of matters which the court consider on the ownership of property in divorce.

When you divorce or dissolve your civil partnership, there are several options you have about what you do with the family home.

You might decide to:

1. Sell the home and both of you move out. You could use the money you’ve raised to put towards buying another home for each of you, if you can afford to do this.

2. Arrange for one of you to buy the other out.

3. Keep the home and not change who owns it. One partner could continue to live in it, perhaps until your children are 18 or leave school.

4. Transfer part of the value of the property from one partner to the other as part of the financial settlement. The partner who gave up a share of their ownership rights would keep a stake or ‘interest’ in the home. This means that when it is sold he or she will receive a percentage of its value.

Dividing the home in England or Wales

In addition to the options outlined above, a court in England or Wales can defer the sale of the home through what’s called a ‘Mesher’ order.

This can put off the sale of the home until a specific event triggers the sale – for example, the youngest child turns 17 or 18.

The net sale proceeds are then divided in accordance with the court order.

A court can also use a ‘Martin’ order to defer the sale of the house, but importantly it gives one person an entitlement to occupy the property for life or until remarriage.

This is most often used where the couple don’t have children and the other person does not immediately need the money to put towards their own needs.

However, even though the other person may not be entitled to live in the house, this doesn't mean they are exempt from paying the mortgage or that they are automatically written off the Title Deeds. There are different arrangements that can be made with regards ***** ***** finances tied up in the property, and these arrangements can be formalised by the Court in a Property Order.

For example, it might be agreed that one person is permitted to live in the house with the children until a certain point, such as the youngest child turning 18, with the house then being sold and the proceeds divided according to the Property Order.

Alternatively, it may be decided that the property will be transferred into one person's name, but the other person will receive a certain percentage when the house is eventually sold.

Customer: replied 1 year ago.
Thank you

It would be a good idea to go for mediation. Mediation does work in order to resolve all issues. I will send you further details on how to find a mediator.

Thank you for your question today

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