I am 48 years old, I have been married to my wife since 2007, but we’ve been together since 2005. We have two children one 9, and one 6.
Since we’ve been together she has only worked for about 6 months (in 2005-2006), and then she stayed at home, and all this time I’ve been the only one working.
I would like to know what would happen to the house that I have bought with cash in 2015 in my name, with money from my account (being the only one working), plus 40% of the money being donated by my mom.
Would my wife have a claim to get my whole house or a part of it?
Would the children automatically go to her, or they can choose which parent to live with?
so my only solution is to sell the house (being in my name only I suppose I can sell it anytime I want?), get the money and go solo around the world, enjoy my life for a few months; then come back and divorce the not so nice wife.
she then can have a fair share of my 2 pence that I will return with.
(of course after that I'll ask the nice government to sustain me, as I will be totally broke, and depressed).
Haha Bob, that did make me giggle.
I have spotted a couple of floors to your plan.
Where are wife and kids going to live if you sell the house they are in?
She can register a home rights notice of the fmh, then you can't sell it until things are sorted.
Contributions are counted as equal. You have children, she has been looking after them. She would be expected to maximise her income. This could mean working fill or part time and ensuring she is claiming her full benefit entitlement. You will have to pay
Finances on divorce are about needs first. You each need a place big enough for the children to stay in. If there isn't enough money for you both to have that, the parent with most care will have to take priority. Clearly she is not currently in a position to obtain a mortgage.
Depending on the size and value of the house, she and the children could stay there until the youngest is 18 at which point it could be sold and the proceeds divided.
Depending on your earnings you may have to pay some form of additional maintenance at least in the short term while she seeks suitable employment. This may involve a period of study or training.
At the ages your children are, it is unlike they would be able to just choose. The welfare of the children should be a priority. It isn't their fault this has happened. They should be able to have a good relationship with both parents but they do also need security and stability.
As previously mentioned, your stbx should register marital home rights. It is not a good idea to sell while finances are sorted. If you did, the proceeds could be kept in a conveyancing account until settlement is reached.