-Hello, thank you for your response and for confirming that for me.
What you need to know:
- he can make a claim in relation to the matrimonial finances. This includes the house. He can only do this if either of them issue for divorce proceedings and not before.
- the courts main priority is the housing needs of the children and securing that. If a house cannot be bought from the equity to house your daughter and grandchildren then a court will likely order that the house not be sold and equity realised until the youngest is 18.
- the split should be defined as to how much he will get at the time of the order, that being the amount specified so that the future equity is your daughters
- if divorce proceedings are issued then your daughter needs to consider a claim for spousal maintenance as her income is much less. There is no set rule but a court will want to ensure she has sufficient to meet hers and the children’s needs.
- if your daughter issued divorce proceedings now she could ask a court for interim maintenance as he is not currently doing this voluntarily.
- he would have to refer to mediation before he could apply to court for an order. Mediation would try and help them agree matters without the need for court.
- he would have to pay a court fee of £255
- starting point for division of assets is equality. This includes all assets for both of them , that being not just the house, and also pensions . Your daughter should argue a larger share circa 10-20% more because she earns less and will be the children’s main career.
Let me know if I can assist further
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