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JimLawyer, Solicitor
Category: Family Law
Satisfied Customers: 14218
Experience:  Senior Associate Solicitor
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Would like some advice on divorce. we want to do an amicable

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Would like some advice on divorce. we want to do an amicable divorce, do 50/50 on the child maintenance and child arrangement.
chidren 2 and 10 years oldWe have a joint Mortgage together. I would like to know these scenariosIf A) she decides to buy me out, and B) she can't buy me out. Would i still need to move out?C) sell the house and split the profit to go our separate ways to get our own accomodation etc...Ps. Financially she earns more than me

Hello, this is Jim, a dual-qualified lawyer (UK & Republic of Ireland) and happy to help you today.

Earnings are considered by the court in disputed financial remedy cases (during divorce proceedings). So it goes in your favour as far as the property is concerned if she earns more. But the children are prioritised by the court. One option would be she lives in the property until your 2 year old reaches 18. This may be an outcome if she couldn't afford to live elsewhere. If she buys you out, you get money depending on the percentage split you can agree or the court orders. The starting point is 50% for a split but the court can award a different sum depending on the factors such as earnings, jobs, standard of living, time lived together and married, any children, any debts, contributions to the property, etc.

If she cannot buy you out, she could agree to a sale. Or you could sell your share to someone else. When you divorce yes, you would need to move out - unless the court orders otherwise but it would be odd to live there after divorce. The more you can agree with her now the better - court action should be a last resort and bear in mind the situation with the children, above.

I hope this helps? If I have answered the question would you kindly leave me a 5 star rating (at the top of your screen), any follow up questions are welcomed.

Many thanks,


Customer: replied 1 year ago.
My children are 4 and 10 years old, She mentioned to sell the house before, I just want to know the scenario that am in and what options i have. I am the one that wants a divorce as incidents has happened and i feel that are relationship has hit rock bottom. The thing is yes we have children involved, however she thinks that i am the one to move out and still pay bills in the house if we filed for a separation. I am currently starting a new work placement, as i was hit with the covid 19 and was unabled to work, but she was able to work from home. What i want is that i get my share of the joint Mortgage we have, make arrangements for custody of the children, and child maintenace. We have been married 12 years

Well the options are to split the house and either it is sold, or she buys you out. If she mentioned to you before that the house should be sold then surely this is a good option for you?

Customer: replied 1 year ago.
ok so in terms of selling the house, Would this be best done before filling divorce? or It can be done as part of the amicable divorce settlement etc. I have never been in this kind of situation before.

Yes, it could be done now and then once you apply for divorce, record the situation with the property in a consent order - can draft an order for you and file it with the court too. Or you could delay but a house sale should probably be done now and not in 6 months with the economy on course to go downwards (due to Covid)

JimLawyer and other Family Law Specialists are ready to help you
Customer: replied 1 year ago.
Thanks for your help

No problem, thanks

Customer: replied 1 year ago.
any precautions selling the property if you have children involved?

No precautions, it's only if your ex wants to stay in the house that a sale would cause a problem as the court prioritises the children

Customer: replied 1 year ago.
when i spoke with a mediator on the phone my impression was that as children are involved may not be as easy to sell, i am having the impression that the mediator may lay this option and so put her in a situation to change her mind

the mediator is I think getting at what I mentioned earlier - if your Wife wants to sell then there would be no issue the fact there are children involved too

Customer: replied 1 year ago.