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House can't be sold til the kids are 18?

  • 42 the meaning of life
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16 Jan 08 #10831 by 42 the meaning of life
Topic started by 42 the meaning of life
Hopefuly a quick one this!

If a couple split and divorce, does the former marital home have to be sold to split its assets.

Is it true that if one parent is still living in the home with the children, that the home can't be sold until the kids are 18?
:huh:

Thanks,
42

  • LittleMrMike
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16 Jan 08 #10837 by LittleMrMike
Reply from LittleMrMike
Not quite such a simple question as you think !

The Court has a statutory duty to consider the interests of the child(ren) as a priority. This can often mean that the parent with care ( usually but not necessarily the wife ) may get the right to live there until she remarries or the youngest child attains 18. So yes, it is a definite possibility.

But an immediate sale might be ordered even if there are children ; for example if the parent with care couldn't afford to live there even with such support as might be available ; or if the house was manifestly larger than
necessary for the needs of the PWC and any children; and so on.

Another possibility is that the PWC might be able to buy the other out.

No two cases are the same, all depends on the circumstances, but the over-riding objective is and remains to make sure the parties have a home.

Mike

  • bridget de jour
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16 Jan 08 #10839 by bridget de jour
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From what my solicitor said, it depends if there is enough equity in the house for the partner (who the children are living with) to buy a suitable property in a similar area.

So it does depend on the financial circumstances

  • soulmanuk
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16 Jan 08 #10848 by soulmanuk
Reply from soulmanuk
there is not enough capitol in my FMH for me to buy another home in the same area for me and the kids and my sol told me to sell and rent a house, the stbx is already living with her new partner so her housing needs are met. i cant afford to buy her out, i cant afford the rents and i cant get a mortgage what can i do?

  • Specialdad
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16 Jan 08 #10852 by Specialdad
Reply from Specialdad
Soulmanuk ask the court for a mesher order till the kids are 18 so you can stay in your present house.

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