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

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.


trying to keep the matrimonial home

  • soon2be
  • soon2be's Avatar Posted by
  • New Member
  • New Member
More
12 Mar 08 #16620 by soon2be
Topic started by soon2be
Hello, my situation is this. I am divorcing my husband for unreasonable behaviour. He refuses to leave the matrimonial home until the finances are settled. The house is mortgaged and in joint names. We have 3 children. My husband has amassed credit card debts/loans of £25k, unsecured in his name only. He wishes to sell the house to release equity to pay his debts and start afresh. I wish to stay in the property with the children. He earns 4.5 times more than me and we have been married for 16 years.If he pays me the CSA rate and standard Spousal support rate I believe i can afford to pay the mortgage and remain in the house.Firstly what are the chances of me kepping the house against his wishes and also if that is possible -at what point will he have to leave the property?

  • Fiona
  • Fiona's Avatar
  • Platinum Member
  • Platinum Member
More
12 Mar 08 #16626 by Fiona
Reply from Fiona
The stability and security of the children is a consideration and unless the former marital home is much larger than required or there is a lot of equity courts are unlikely to order the house to be sold as long as you are in a position to pay the mortgage. Although the welfare of children is a priority it isn't the only matter to consider. Try searching s25 Matrimonial Causes Act 1973 on this site. There is no standard spouse support. The usual legal advice is not to leave the FMH until a financial settlement has been reached.

Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11

The modern, convenient and affordable way to divorce.

No-Fault Divorce £179

We provide the UK's lowest cost no-fault divorce service, managed by a well respected firm of solicitors. 


Online Mediation £250

Online mediation is a convenient and inexpensive way to agree on a fair financial settlement.


Consent Order £259

This legally binding agreement defines how assets (e.g. properties and pensions) are to be divided.


Court Support £250

Support for people who have to go to court to get a fair divorce financial settlement without a solicitor.