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History: Home UK Divorce Forum
Topic:
Does my degree and job afffect my share of the house? (2 Posts)
Started By:
Date:
15 April, 2017 08:12PM
Does my degree and job afffect my share of the house?
xhikarux - 15 April, 2017 08:12PM
I was pinpointed by my husbands solictor that I have 2 degrees, and is a health profession and that even if I will be the main carer of my child, 24/7, I wouldnt get much from the property split. Is that right? What they mean is that even if I will return to my job is future it's not a problem, I can still earn a good amount.

Also he said I made no contributions to paying house bills so I should get even less? I payed when he had Lino tenants in his house, but when he did I stopped, though I was was a good few years back then...

Ps we have 1 child together and marriage is 3 years plus 1 year cohabitat



Edited 2 time(s). Last edit at 16/04/2017 09:04AM by xhikarux.
Re: Does my degree and job afffect my share of the house?
Bubblegum - 16 April, 2017 05:49PM
I would advise anyone who is going through divorce to at the very least familiarise themselves with Section 25 of the Matrimonial Causes Act 1973. Details can be found here...
[www.terry.co.uk]

As you can see, each of your earning capacities would be a consideration. It is perfectly understandable that the opposing solicitor has stressed that your earning capacity is a factor which they feel should be taken into consideration. You should remember that the solicitor represents your husband and is going to stress the strengths of their case and the weaknesses of yours. How much weight that is given to your earning capacity will depend on your circumstances. But it's worth remembering that earning capacity is only on of the factors to consider. You have a "needs" argument and meeting the child's care and housing needs will be the primary concern for a court.
.
I don't know the specifics and can only speculate here... but you could say that you have made an equal contribution as you gave up your career to care for the family/child, thus making an equal contribution as the homemaker. You should focus on the needs of yourself and the child as this is your strongest argument.

This link provides excellent guidance on needs and I highly recommend reading it for a better understanding of what would be considered fair.

[www.judiciary.gov.uk]
Also worth reading...
[www.judiciary.gov.uk]



Edited 1 time(s). Last edit at 17/04/2017 07:02PM by Bubblegum.
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