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SolicitorRM
SolicitorRM, Solicitor
Category: Family Law
Satisfied Customers: 5961
Experience:  Director and Principal Solicitor. UK
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I needed some initial advise. I am thinking of divorcing my

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Hi, I needed some initial advise. I am thinking of divorcing my husband as our relationship has been in meltdown over the last few years and is now unbearable. We have 2 kids and own a house in Addlestone. \ I wanted to know where I stand on the house and kids in order to start this process
JA: Was the house purchased during the marriage?
Customer: Yes before the marriage jointly.
JA: Were any marital funds used for the mortgage or property improvements?
Customer: In 2005 and we were married in 2006.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: We still have a joint mortgage and the property has been improved jointly over the years.

hello welcome to Just Answer.

I am a solicitor and It’s my pleasure to assist you today. I may also ask for some preliminary information to help me determine the legal position

Please note that I can guide you, justanswer does not provide legal representation and as such no legal lawyer/client relationship is formed.

Customer: replied 2 days ago.
Hi, just want to find out where I stand financially and with the family home if I decide to divorce my husband.
Customer: replied 2 days ago.
Are you able to help answer?
Customer: replied 2 days ago.
I don't have £44. I just paid £5

Thank you very much for your patience. So the courts will in most cases start on a 50/50 basis with you sharing the equity in the house 50/50 and the parents agreeing on who will be the parent to live with the children and contact/access for the parent that is moving out and also on who will pay maintenance for the children. Often whoever remains in the house would normally stay with the children and spouses agree to sell the house but only when the youngest of the children turns 18. Alternatively the remaining spouse can offer to buy out the other. If there is a spouse that will suffer significantly financially due to the divorce perhaps because the other provided for the financial needs, they could apply for spousal maintenance until such stage as they get into another relationship or remarry. If you have bought the house together and contributed jointly to improvements I do not see why there would be a proportion far from the 50/50 share. Do not forget that there may also be pensions and life insurances and savings which will all be taken into account. So all these finance issues have to be considered in readiness for filing for divorce.

Any follow up please do not hesitate to send you message, I am glad to assist you going forward should you need any clarification. All the best.

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