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Divorce, Housing, Step child

  • WYSPECIAL
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02 May 19 #507380 by WYSPECIAL
Reply from WYSPECIAL
Ring the helpline.

There is no definition of short marriage or long marriage. It's down to interpretation.

There is no rule that in a short marriage only the house is taken into account.

The priority for the court will be housing everyone.

How old is your son? Could you afford the household costs on your own from your income?

Where are you in the divorce process?

  • hadenoughnow
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02 May 19 #507383 by hadenoughnow
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Where cohabitation runs seamlessly into marriage, the whole length of the relationship is counted.

Financial settlement on divorce is about needs first and the means you have between you to meet them.

If a modest 2 bed property costs £300k and the maximum mortgage you can raise is say £100k, you need £200k from the pot. That's about 72% of the whole cash pot you have described.
This is on the high end of the spectrum of fairness but could be justified as follows:
·You contributed £60k - what percentage
of the purchase price was this? You
say you are tenants in common; do you
have a deed of trust setting out
shares?
·You have a child to house. How old?
·He earns much more and can obtain a
much bigger mortgage.
·You can offset your share of the cash
assets against entitlement to pension
share. pension sharing is eenshrined
in law.
·You could agree to a Clean Break ie no
spousal maintenance.

But you cannot agree any of this without financial disclosure. You need to know what pension(s) there are as well as a complete picture of all assets.

Hadenoughnow

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03 May 19 #507404 by Wembley1234
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Thank you for all your help so far.

Husband has resorted again to being very vocal and verbally rude implying that wife needs to start lowering her expectations and being realistic about where she and her son are going to be once divorced.

Husband wants to close down the joint bank account and return wife's car to the garage. Despite husband being a higher earner wife and husband have always paid 50/50 into joint bank account.

Husband is saying everything in front do wife's son causing him to worry. Wife's son who is 17 is currently doing exams and husband is putting him under additional unnecessary pressure.

Wife and son do not look forward to coming home to family home but have no where else they can go to stay.

Husband has requested in writing confirmation of wife's earnings. Does wife give this information in writing? Wife would not have hesitated before in sharing information and is surprised husband does not know.

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03 May 19 #507405 by WYSPECIAL
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Wembley1234 wrote:


Husband has requested in writing confirmation of wife's earnings. Does wife give this information in writing?


Full financial disclosure will have to be made by both parties at the appropriate time.

Has either party made an application to court yet?

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03 May 19 #507406 by Wembley1234
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No application made to court by either party.

This is a request from the husband in writing about wife's earnings.

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03 May 19 #507407 by WYSPECIAL
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Where in the divorce process are you?

  • Wembley1234
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03 May 19 #507417 by Wembley1234
Reply from Wembley1234
At the very start of the whole process. Husband wants to divorce wife and sell the family house. House valuations have been done, house not been put up for sale because husband and wife are unable to agree finances.

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