The UK's largest and most visited divorce site.
Modern, convenient and affordable services.

We've helped over 1 million people since 2007.

 
Click this button for details of our
email, phone nbr and free consultations.
 

Housing need - adult children still at home

  • TFI
  • TFI's Avatar Posted by
  • Premium Member
  • Premium Member
More
08 Feb 15 #455681 by TFI
Topic started by TFI
I am four years into an acrimonious divorce and now realise why my stbx has dragged his heels. He currently lives in a property (1 bed flat) bought & paid for monthly by me in the early stages of proceedings and lives rent free with his new partner. I occupy the FMH (mortgage paid by ex but payment is a third of the one bed flat I pay for) with my three children, the eldest has started full time employment and is 20 but does not earn enough to move out, nor does she want to. The other two are both in full time education and are 18 & 17. Both intend to go to uni.
Does anyone have any idea how the court will see our housing needs? Father sees children infrequently for an occasional meal.
Will the children be classed as still having a housing need as my stbx seems to think there is no responsibility to house or care for a child beyond their 18th birthday! he thinks he has a housing need of a 2 bed flat ''in case his children want to stay with him'' (which will never happen as they dislike his new gf). Anyone have experience of how the court view grown up children?

  • Fiona
  • Fiona's Avatar
  • Platinum Member
  • Platinum Member
More
08 Feb 15 #455685 by Fiona
Reply from Fiona
Divorce settlements are based on the status quo. Dependent children under 18 are the priority but over 18s in education or training aren''t irrelevant. It''s reasonable for young students to be provided with a base whilst studying for their first degree even if they stay elsewhere during term time. However once children start work they are able to pay something for accomodation

  • TFI
  • TFI's Avatar Posted by
  • Premium Member
  • Premium Member
More
08 Feb 15 #455687 by TFI
Reply from TFI
Thanks Fiona. Is the court likely to agree he has a need for a 2 bedroom property given his lack of interest in his children for the last few years?

  • hadenoughnow
  • hadenoughnow's Avatar
  • Moderator
  • Moderator
More
08 Feb 15 #455708 by hadenoughnow
Reply from hadenoughnow
I think it is unlikely if there is no track record of them staying with him.

If you have a larger share of the cash assets, this may need to be balanced against a smaller share of any pension pot and no maintenance.

  • Fiona
  • Fiona's Avatar
  • Platinum Member
  • Platinum Member
More
08 Feb 15 #455725 by Fiona
Reply from Fiona
The overall circumstances are important. In not too many years both of you will need just one bedroom homes. Depending on the value of any assets (including pensions), respective incomes and ages one option may be to defer selling the former matrimonial home until then

  • TFI
  • TFI's Avatar Posted by
  • Premium Member
  • Premium Member
More
08 Feb 15 #455740 by TFI
Reply from TFI
I think given the recent coverage in newspapers stating children rarely are able to afford leaving home until the age of 30 I hope the judge will make a reasonable judgement. We have four properties but it is complex - partly to do with the fact that he has been afforded free accommodation for the last 4 years - i pay the mortgage which is 3 times the amount he pays for the FMH!

  • MrsMathsisfun
  • MrsMathsisfun's Avatar
  • Platinum Member
  • Platinum Member
More
08 Feb 15 #455741 by MrsMathsisfun
Reply from MrsMathsisfun
A court will consider children whilst at uni and might defer a sale until then but its unlikely they will consider them long term because they ''might'' not be able to afford to move out.

Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11

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.

 

We can help you to get a fair financial settlement.

Negotiate a fair deal from £299

Helping you negotiate a fair financial settlement with your spouse (or their solicitor) without going to court.


Financial Mediation from £399

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


Consent Orders from £950

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


Court Support from £299

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