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Hi, I’m Lea and I will be assisting you with your query today.
I am very sorry to hear about your dilemma, but will do my best to provide you with advice and guidance on what to do next. Apart from the background information, I am not entirely clear what your actual legal question is. Are you asking about the financial proceedings, child contact...?
The following is useful info to assist you with the site:
It depends on their entire financial disclosure, what assets and debts there are from the marriage and the needs of each of the parties, and most importantly the needs of any minor children of the marriage. The court looks at those things as well as the factors as listed in s25 of the Matrimonial Causes Act 1973 to decide how to split the marital assets. Most importantly the court will want to ensure that the parties, but specifically the children, are adequately housed. This means that sometimes the former marital home will not be sold until the youngest child is at least 18. This of course, depends on the entire financial disclosure as aforementioned and what marital assets there are to share.
It may be possible, since it is just mother and one child, if there are two bedroom properties that can be bought in the area that a judge would order a sale to take place, with the majority funds going to the mother if that was needed to rehouse the child. What the court will decide on will depend on the assets and full disclosure, so it is impossible to be definitive as to whether or not a sale would be ordered without seeing that disclosure. But there is a strong possibility that the house may be retained by the parent with care given that children have to be housed and that any share the husband may be entitled to will not be his until the child is at least 18.
I'm afraid it is a case of wait and see what the judge orders, or the parties can agree between themselves.