Housing Needs in Divorce

Hello - sorry if this has been asked before, new here and don't know how to search!

Basically I'm trying to find answers as to how housing needs may be calculated during divorce. To explain:

Husband 39, Wife 38, 5 kids living with wife - children currently not seeing father (don't ask - another story)!!
marital home value approx £285K - 5 bed property
Equity approx £185K
Husband Earnings £40k per annum
Wife on benefits - approx £36k

Current situation: Husband now in new relationship and has a child with new partner. . Lives in rented accommodation with new partner, their child, plus two children from new partners previous relationship.

Ex wife saying she needs £500K+ to move to new property

I'm trying to calculate what the courts may calculate husbands housing needs to be and what he might walk away with. He has no solicitor and her solicitor is good.

Any advice, help, pointers would be extremely appreciated.

This looks like a needs-based case. This means that the asset pool isn't large enough to provide for both parties therefore the party with the most 'needs' will be provided for first and if there is any left the other party will get something.

In the current position, the wife has the greatest need as she has no earning capacity and has care of the children. Perhaps a deferred charge for the husband might be a solution? (this is known as a Mesher order).

Having said that the wife's position is unrealistic. Where is the balance of the £185k coming from to purchase a £500k property? Who is to fund a £315k mortgage? If her solicitors have not advised her that this is untenable they are not as "good" as described.

The husband's housing needs are currently met albeit in rented accommodation.

Charles

Thank you Charles. Very helpful.
Do you think husband could request wife to buy him out now? Wife doesnt need to move as she has adequate bedrooms for children and herself.

Do you know if she can ask him to repay the loans she has taken out since the separation? One is a car loan and surely that is not purely for the children's benefit?

THank you

The housing needs of minor children are a priority. What are the contact arrangements? Ideally you should be able to provide space for the children to stay with you too.

A bigger and more expensive house for her is just not going to be entertained. Unfortunately, unless she can get a mortgage you are likely to be tied to the FMH mortgage for some while - although she would have to pay it from her income. There will be a point when downsizing is an option - at which point the FMH would be sold and you would get a share of the equity as well as being free of the mortgage.

Hadenoughnow

Presumably it is affordable for her to stay in the FMH as that is the current status quo?

If that is the case then her housing needs are met.

Ex is living with new family so his housing needs are met.

All that needs sorting is whether or not her ex will be entitled to anything from the house at some time in the future. Depending on ages of the children this isn’t likely to be any time soon and he will probably have to remain on the mortgage as the lender almost certainly won’t release him.

As regards the car loan when was it taken out? If it’s in her name it will be her liability but the court may acknowledge that she needs a car and it can be afforded.