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Likley Outcome (7 Posts)
Started By:
07 June, 2017 07:11PM
Likley Outcome
redf0x - 07 June, 2017 07:11PM
I am currently getting divorced and have children, the house has equity in the region of 300k which if split 50/50 would give us both a good start again on the property ladder, my deranged wife is adamant she will not sell, the mortgage is in joint names, given that I want 50/50 custody of my children and I am currently homeless, as all my money is tied up in the house, would it be likely as we indeed have good equity that there would be a force of sale so that we can both have properties and I am able to provide for my children on a shared basis.
Re: Likley Outcome
jill_of_all_trades - 08 June, 2017 01:30PM
Ages of spouses, ages of children, difference is salary of spouses, length of marriage all factor in.
Re: Likley Outcome
redf0x - 09 June, 2017 01:48PM
We are both 40 Years old, the Children are 2,11 and 13, we were married for 13 Years

She is a teacher and currently only works 3 days a week which she has only done with the youngest, she always worked full time with the other 2,

Given that she has a good job and can return to work whenever, we probably earn around the same salary about 40k.

I have filed for a child arrangement order whereas I want shared 50 percent access

Thank you
Re: Likley Outcome
davidterry - 13 June, 2017 08:41AM
On these figures and facts it is possible that you might find it difficult to persuade a court to order the sale of the property now and to divide the equity equally. That is because there are three dependent, one of whom is only aged 2 and your wife only works part time. Because of the children she is going to need a bigger property than you and because she is only working part time she has a lower mortgage capacity. This might mean that in the near future a court might think it preferable that she stays in the house and that you get a charge upon it for a percentage of its value.

This outcome is not set in stone but looking at these figures and these facts it must be a strong possibility. I cannot see the house being sold and the proceeds being divided equally in the circumstances you describe. Those circumstances may change in the future and you will certainly be entitled to some share of the property at some point but I doubt that it is realistic to expect the house to be sold and divided equally right now.
Re: Likley Outcome
redf0x - 14 June, 2017 09:45AM
But Surely the fact I have filed a Child Order whereas I would like my children on a shared basis means that we will both need similar properties.

There is no reason that I will not get this order on the child basis.

She is lucky enough to be in a career where she can return to work whenever,

What happens in the instance then that she cannot afford the Property to be solely in her name, I know that her mortgage capacity is smaller than what is left on the mortgage??
Re: Likley Outcome
davidterry - 14 June, 2017 09:58AM
>>But Surely the fact I have filed a Child Order whereas I would like my children on a shared basis means that we will both need similar properties.

I very much doubt it. The reality is that the children will almost certainly live with your wife most of the time and visit you. Cases where the former matrimonial home is sold and both parties buy similar properties do occur but this situation does not look like one of those to me. There is not enough equity, there is a two year old child and your wife works part time in order to look after that child.
Re: Likley Outcome
Sam_Toucan - 14 June, 2017 11:01AM
The unfortunate fact you need to accept is that The family court is a patriarchal place that likes the idea of the man breadwinning while the woman looks after the children. Adding this to the fact that your situation pre divorce was also along these lines you will have a very hard time convincing the family court to see otherwise.

The family court will very much try to protect your children by allowing them to remain in the family home if that can be afforded. You ex wife will get to stay there too because she is the primary carer. You will be expected to manage with what is left over after your children and by extension ex wife are adequetely looked after.

If you can convince your ex wife to agree to a 50/50 split on childcare and to return to work then it may turn out differently but otherwise it will be as David described.
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