Can anyone offer me advice regarding sharing the equity from the family home when the husband is mentally disabled but I am bringing up our child and working full time? I have been paying the mortgage and all the bills for over a year now. My husband wants a 50/50 split. We have been married for six years but separated for two. A brain operation has caused him to have memory problems and issues with anger and aggression towards our young child. The situation was making me ill and he went to stay with his father until he felt he could return to family life. He has never asked to return as he is happy there. It is highly unlikely that he will ever work again. He is now divorcing me saying I do not care about him. My mortgage affordability means I will only be able to afford a small starter home in a not so nice area. He receives just over £1000 a month in benefits. My solicitor says my sons needs come first but she does not seem to have knowledge of the outcomes of any cases such as mine. Sadly his father does not seem to mind wether he has contact with his son or not. He keeps threatening me with court and says he would win as he is disabled. Should I agree to sell the house and give him half the equity and take on a big mortgage creating financial uncertainty for mine and our sons future or should I ask for a greater split as I will always have to provide for our son. He is not interested in hobbies or going out and enjoys spending his days watching television. I am not sure what he would do with a lump sum whereas It would be so valuable to me as a deposit for another home. I paid all the deposit and legal fees for our house as my husband did not have any savings when we met. I have used all of a small inheritance from my Grandmother to keep us out of debt since his illness. What do you think the decision of the Court would be if I have to go down that road?
i.e. they will divide the available assets between the two parties based on fairness and on who needs the money the most.
So they will consider:
- who has most childcare responsibility?
- what is each parties earnings and earnings capability?
- does either side have medical issues that could inhibit their earnings, or cause them greater outgoings?
It will depend I suspect on what view the court takes of the severity of your husbands disability - and its impact on his financial future.