i was married for three years. i have 2 year old child from this marriage.my ex was arrested in 2011.due to domestic abuse since than we r separated. i live in matrimonial home with my baby. he lives in hospital accommodation. he is a doctor. he is after my life for matrimonial house as he is paying mortgage. i have occupancy order ending in sept 2012. will i be able to get this house to reside with my child until she completes her education. if not than what are my options. i am on benefits and he is a doctor. i wish to live in matrimonial home with my child. please help.
divorce is filed in court. and financial settlement orders are filed as well.
It''s difficult to comment without knowing al the details. Assets are shared according to a checklist of factors in s25 Matrimonial Causes Act 1973 and often the needs of the parties are near the top of the list. The priority is the welfare of children and keeping a roof over their heads.
When the former matrimonial home is bigger than required to house children adequately it may need to be sold to release equity to enable both spouses to rehouse. If the FMH isn''t too big it is then a question of whether or not you can afford to pay the mortgage when your income from all sources - Child Benefit, child support, other state benefits and, depending on you need and your husband''s ability to pay, perhaps spouse maintenance.
my would be ex husband is a doctor. he pays mortgage for the matrimonial home which is in his name even though i hold matrimonial rights as per land registry. house is three bedroom with lawn. my child has lived here since birth. i want her to stay here till her education finishes. will i be able to extend occupancy order that ends by sept this year? will the court consider the fact that divorce is on going and would take time to finish.
If there is no financial settlement the court may extend the occupation order. Once a settlement has been reached and the Absolute granted your ties will be separated as much as possible so there will be no need to regulate your husband''s right to occupy whatever property you are living in.