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house sale/equity split

  • vanilla30
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17 May 16 #478333 by vanilla30
Topic started by vanilla30
Hi

Any help would be appreciate.

I have been separated from my ex for nearly 7 years. Three children, three properties jointly owned. All three children refuse to see him. The youngest one may see him in a contact center if the judge allows it (long story).

He is in the former "matrimonial" home (although we never married) alone. He has already stated in mediation that he "has no intention" to cohabit. So he does not need a large family home for him to rattle around in.

I am applying for the sale of the houses. Because two of the children are living with me full time and the fact that he refuses to pay CSA for the children, could I apply for a larger share of the equity as I am unlikely to ever receive any CSA payments or any financial assistance whatsoever in the future. The oldest no longer lives at home.

Thanks

  • LittleMrMike
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17 May 16 #478353 by LittleMrMike
Reply from LittleMrMike
The fact is, your husband still needs somewhere to live.

The Court cannot absolve or release him from his duty to pay child support.

It is not unknown for Courts to award a greater share of the assets to a wife whose husband is not paying spousal maintenance and has no
intention of doing so.

But such an arrangement cannot be used in child support cases, simply because it would be statutorily unenforceable.

In theory it is possible that you cold enforce arrears of child support by getting a charging order of his property.

LMM

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17 May 16 #478358 by vanilla30
Reply from vanilla30
Thank you for your reply.

There is substantial equity in the properties approx £300k. He could go into rented, he would not be left homeless. He also has the option of moving in with his gf who is extremely wealthy.

Would it be fair then for him to live in a large house by himself and for me to live in a much smaller house with the children.

I have been told that I have a strong case for the houses to be sold and now that the children are with me full time things are more straight forward.

Thanks

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