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Category: Law
Satisfied Customers: 33372
Experience:  Barrister at Self Employed Barrister
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My son and daughter in law are in the throws of divorce. There is currently £110,000 equit

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My son and daughter in law are in the throws of divorce. There is currently £110,000 equity in their house, in which my daughter in law is still residing with their three children. She is refusing to sell the house in order for my son to receive some of the equity to set him up in alternative accommodation he is currently of no fixed abode, she says he is not entitled to anything even though he has always paid the mortgage. Is she correct?
This is no correct. The starting point from the court's perspective would be to look at all the assets and basically put them in a pot and start from the premise of a 50-50 split - that would of course go up for the person caring for the children - but this does not by any means suggest 100%. I would suggest that he sits down with a matrimonial solicitor to go through his options. Happy to discuss. Please rate positive
Customer: replied 2 years ago.

Thank you for your response, this is basically what the solicitor he saw said. However my daughter in law says her solicitor has told her my son would be entitled to nothing, surely she cannot have everything including fixtures and fittings and leave him without a roof over his head. My son has the children every weekend at our two bedroom sheltered housing flat, where they sleep together on a futon and my son sleeps on the floor, surely if he is expected to have them 2 or 3 days out of 7 he should be entitled, to his share of the equity in order to provide suitable accommodation for them.

I agree - I think that she is trying it on a little. To say the least,. I hope this helps. Please rate positive.
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