A well respected, award winning social enterprise
Volunteer run - Government and charity funded
We help 50,000 people a year through divorce

01202 805020

Lines open: Monday to Friday 9am-5pm
Call for FREE expert advice & service info


What are we each entitled to in our divorce settlement?

What does the law say about how to split the house, how to share pensions and other assets, and how much maintenance is payable.

What steps can we take to reach a fair agreement?

The four basic steps to reaching an agreement on divorce finances are: disclosure, getting advice, negotiating and implementing a Consent Order.

What is a Consent Order and why do we need one?

A Consent Order is a legally binding document that finalises a divorcing couple's agreement on property, pensions and other assets.


Do you need help sorting out a fair financial settlement?

Our consultant service offers expert advice and support to help you reach agreement on a fair financial settlement quickly, and for less than a quarter of the cost of using a traditional high street solicitor.


Keep house until the kids are 18?

  • jiltedrick
  • jiltedrick's Avatar Posted by
  • Senior Member
  • Senior Member
More
03 May 12 #328122 by jiltedrick
Topic started by jiltedrick
My wife is living with our 2 young children and her new partner in the FHM - 4 beds, detached, garage, conservatory, etc. It''s worth about twice what a modest family home in the area can be had for.

I''m living in my mother''s spare room. I am paying the mortgage and child maintenance.

My solicitor argues that she''s over-housed and that it''s reasonable she downsizes.

Wife says the courts are likely to grant her the house till the youngest turns 18.

Does it seem likely that they''ll do this, given that she could easily downsize and release me some equity to get back on the housing ladder?

  • hadenoughnow
  • hadenoughnow's Avatar
  • Moderator
  • Moderator
More
03 May 12 #328132 by hadenoughnow
Reply from hadenoughnow
rick,

Without knowing the full picture, it is hard to say. But financial settlement on divorce is all about needs and how they can be met from the available pot.Needs of the parent with care usually come top of the list but your needs are important too and should be met if there is the money to do it.

If the children are of the same gender, the strict need here is for a 2 bed house .. or 3 if they are boy and girl. Your strict need is the same.

If they can reasonably be housed in a more cost effective property (especially given she has a 2 income household by the sound of it) and cash can be freed up for you, then I am pretty sure that is what a court would order.

You may find these useful.

www.wikivorce.com/divorce/Divorce-Advice...-gets-the-house.html

www.wikivorce.com/divorce/Divorce-Advice...wing-separation.html

Hadenoughnow

  • TBagpuss
  • TBagpuss's Avatar
  • Platinum Member
  • Platinum Member
More
03 May 12 #328134 by TBagpuss
Reply from TBagpuss
It depends. When looking at downsizing it is reasonable to look at the tiotal effect - e.g. cots of moving, stamp duty on buying new property, whether the new property does meet reasonable needs (which may include thigs such as proximity to school)

The court is likely to say that she and the children need to be housed until the children leave school, so that issue is whether that can be done and some equity freed up.

The corut has to consider what is fair to YOU BOTH , and that incldues looking at your housing needs - ideally, you need a similar oproperty, for yourself, and the childnre when they visit you.

It''s also very unlikely to be reasonable for you to pay the mortgage in the long term, so in addition to the needs issue is the qustion of how your ex will meet her housing costs. Presumably if the house were sold and she downsized this could be with a smaller mortgage?

  • positive99
  • positive99's Avatar
  • Elite Member
  • Elite Member
More
03 May 12 #328196 by positive99
Reply from positive99
Sorry to jump in on this thread.

You mention that the nrp has the same needs as the resident parent, i.e the same size house.
I have 3 children and my ex is about to move into his gf house. His new partner has 2 children and my ex states there is no room for our children to stay at his new address until all our finances are resolved! His gf lives in a 3 bed house. I am trying to stay in the FMH which is only 3 bed so not above my needs.
Would a judge think that his housing needs have now been met or would a judge look to give him some equity to purchase a larger house with his gf to accommodate all children??

  • MrsMathsisfun
  • MrsMathsisfun's Avatar
  • Platinum Member
  • Platinum Member
More
03 May 12 #328206 by MrsMathsisfun
Reply from MrsMathsisfun
A judge would consider that your ex has the same needs as you e.g a 3/4 bed house (dont think his gf house would come into the equation) and would allocate the assets accordingly.

If he then choices to pool his resources and purchase a larger house to accommodate all the children with his gf that would be their choice.

  • positive99
  • positive99's Avatar
  • Elite Member
  • Elite Member
More
03 May 12 #328210 by positive99
Reply from positive99
thanks mathis,

in the statements of arrangements for the children it was planned that the ex would have the 3 children 1 night per wk. This has rarely happened in the year we have been apart. It does not happen at all at the moment due to his living arrangements.
It hardly seems very fair that he has equal housing needs when he has no intention of having the kids overnight. Even if he changed his attitude due to his work and distance from kids schools it would be at most 2 nights per month.
Would a judge not look at these circumstances and judge his need accordinly?

  • MrsMathsisfun
  • MrsMathsisfun's Avatar
  • Platinum Member
  • Platinum Member
More
03 May 12 #328212 by MrsMathsisfun
Reply from MrsMathsisfun
It would be considered that he has the'' same needs'' but that doesnt necessary mean he would be entitled to the same amount of the assets to fulfil these needs.

A court would consider the ''needs of the children first and as they spend the majority of time with you the need to be homed with you would have the greatest weight.

Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11