Will the house be kept or have to be sold

Broken_hearted

Bloke walks out on wife and kids to live with girlfriend, claiming to be her lodger and therefor have no home.
Wife left in the marital home paying mortgage alone. Bloke wants the house sold to have his money out. Wife and kids have nowhere to go. The mortgage is up to date and youngest child is a toddler. Can she demand to keep the house either as completely hers or until the youngest is 18.

Mankysteve

I could be wrong but I think he's got to wait until the kids are grown up unless they live in house which is far too big for them. She will have to pay him back his share of the house at some point though.

Broken_hearted

The house is just a little semi so no issues there. Will he still get half in 16 years time or should she ask them to deduct the amount of mortgage left from his final share, he has no intention of paying anything and she is more than happy to do it alone so the children can stay in their home.

gratefulforhelp_2

She needs to get a good family law solicitor on this sharpish, and ensure she is getting child maintenance sorted.

She can quite likely stay there if she can manage the mortgage until the youngest is of age, there are a few disadvantages to consider...such as he will get a percentage of the value, so any improvements she makes will benefit him. Also if she forms a new relationship, the situation may have to change.

RAS

This will be dealt with as part of the financial settlement between divorce nisi and absolute. She needs to make arrangments to get the proper maintenance from him and to claim the benfits required to pay the mortgage, if she cannot afford it.

It is normal for the PWC and children to stay in the house until the youngest is 18/leaves education.

Given the plonkerish attitude he is showing, she needs at the very least one consultation with a rotweiler solicitor, so she knows what she could get, even if she does not push for it all.

RAS

Broken_hearted wrote: »

The house is just a little semi so no issues there. Will he still get half in 16 years time or should she ask them to deduct the amount of mortgage left from his final share, he has no intention of paying anything and she is more than happy to do it alone so the children can stay in their home.

Check out mesher orders.

Often 60/40 in favour of her at date of split and capital accrued after that date.

busiscoming2

A sale can't be forced while the house is home to a child.

tattycath

How does this work if a couple split up and the children have a different father to the male partner? Does the pwc (of the children) get to stay in the now ex partners house til the youngest is 18 even if the children aren't his? TIA

pigpen

She gets to stay in the house.. if she is on benefits they will pay the interst on the mortgage for 2 years (which is ridiculous.. if she was renting they'd pay the lot forever!) So if she acts swiftly and gets money stuff sorted quick the mortgage will be fine.

He cannot force her to sell if there is a child under 20 and still in FT education (not at uni though but at college doing A-levels or equivalent)

If she can prove she has paid the mortage solely without his financial help for a period of time he is entitled to 50% of the profit that would have been made had he house sold the day he left. .. however, we have just sorted ours so I get every penny when I choose to sell the house, KH has no legal claim on it at all.. it has meant I forego maintenance for 2 years but he doesn't pay it anyway so it isn't a hardship. Oh the CSA are going to hit him hard the day that order expires!!!!! He refused to even pay £36 for his daughter to go on a 4 day holiday with church.. I said I'd pay for one but would struggle to pay for 2 and he refused.. thankfully in front of them so they know.

Tatty.. if the children aren't his I don't think the same rule apply.. definitely one to ask a family solicitor. They did say the baby would not be taken into account when an order was made regarding my house because she isn't KH's

Broken_hearted

Sounds positive

busiscoming2

Unless the law has changed in the past 15 years or so, it doesn't matter whose child it is as long as its permanent home is the house in question.

My experience was such:

My then husband was having an affair. I found out and after a long period of time and me hitting rock bottom I moved out with our 2 children into rented accommodation. The day I moved out his gf and her 5yo moved in. I legally couldn't do a thing about it until she reached 18. The house was in joint names.