If you agree between yourselves a judge is duty bound to ensure the agreement is fair i.e. complies with the law. The court won''t
impose a different order but a judge may not sign off the agreement if it isn''t "fair."
Having said that there is a broad spectrum of what might be deemed fair and the courts aren''t in the habit of rejecting an agreement that spouses have come to themselves, particularly if both parties have taken independent legal advice or at least have had the opportunity.
In any case, if I''ve understood correctly, the property isn''t a resource that is available to you just now anyway and may be treated differently from assets that can be turned into ready cash to meet immediate needs.
It certainly isn’t a resource!! More like a worry!! If my father was to pass away before my stepmother and she stayed in the house - which of course she is entitled to and I would have no problem with that! - I could be liable to pay tax (council tax equivalent + ownership tax, latter doesn’t exist in the UK) on it!! My stepmother would not be obliged to pay them. It’s a big house, in a nice area...and the taxes are equally big!!
We both took legal advice, so that is one good thing
Thank you very much for your help, it definitely is food for thoughts...divorcing amicably and "openly" is the way forward I think...
Just thought I’d let you know that I saw my ex this morning and he agrees that he has nothing to do with my dad’s house and doesn’t want any part of it, ultimately it is our son’s ....okay, I might be naive at this stage as the divorce procedure has not even started and I am not sure if his new partner is aware of that decision, but it is a relief for now....if all stays as it is, let’s hope the judge will agree....